Sleep apnea decisions — 2008

The veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an increased rating to 20 percent effective from November 26, 2003 through May 22, 2008.

The veteran's appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C. for further review.

The veteran's service-connected disabilities, when taken in conjunction with his education and occupational experience, are insufficient to preclude his participation in all forms of substantially gainful employment.

The Board finds that the reductions of the veteran's disability ratings for intervertebral disc syndrome and right lower extremity radiculopathy from 20 percent to 10 percent and 20 percent to 0 percent, respectively, are proper based on improvements in his service-connected disabilities as evidenced by recent VA examinations.

The VA denied a rating in excess of 20% for lumbosacral strain, finding that the veteran's symptoms prior to September 26, 2003 did not meet criteria for a higher rating. Since then, his condition has been rated at 20%.

The Board granted a 20 percent rating for the veteran's lumbar spine disorder, effective from May 18, 2000. The decision did not address service connection for fibromyalgia or TDIU.

The Board has determined that the veteran's current lung conditions are not related to service, including any exposure to Agent Orange or other incidents of active military service.

The Board denied the veteran's claims for service connection for sleep apnea, residuals of a head injury, and cervical spine disorder. The evidence did not establish a link between these conditions and his military service.

The veteran's claim for a higher rating for his low back disorder was denied as he does not have ankylosis of the thoracolumbar spine, and thus cannot receive a higher rating under the revised criteria. His claim for a compensable rating for hemorrhoids was also denied.

The Board has determined that the veteran's chronic lumbosacral spine degenerative disc disease and degenerative arthritis are related to an inservice low back injury, granting service connection for these conditions.

The Board has decided to remand the case for additional development, including a new spine examination and obtaining recent medical records.

The veteran's claims for increased ratings and service connection were denied. The intervertebral disc syndrome of the lumbosacral spine was rated at 40 percent, while the residuals of a right knee injury, status post arthroscopic surgery, were rated at 10 percent. Service connection for the rotator cuff tear of the right shoulder was also denied.

The Board has determined that the veteran's current sleep apnea is related to his service, and thus service connection for this condition is granted.

The veteran seeks service connection for sleep apnea, but the RO has not been able to obtain inpatient hospitalization records from Fort Polk where he was treated for a knee disorder. The Board finds that these records may contain important information regarding any sleep problems noted during service.

The Board finds that the veteran's diagnosed sinus mucosal inflammatory disease manifested by chronic nasal polyps, nasal and sinus congestion, loss of sense of taste and smell, and sinus headaches developed in service and has continued as a chronic disorder up to the present time.

The veteran is seeking service connection for sleep apnea. He asserts he was misdiagnosed during service with narcolepsy when he actually had sleep apnea.

The Board has determined that additional development is necessary to properly assess the veteran's low back disability, including obtaining medical records and conducting VA examinations. The claim will be returned for further review.

The Board has determined that the veteran's obstructive sleep apnea is related to his military service, specifically his deployment in the Gulf War. The condition was not diagnosed until six years after discharge but the VA examiner opined it was at least as likely as not caused by active service.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 40 percent evaluation, which is the maximum available under current VA rating criteria.

The Board denied an increased evaluation for service-connected lumbosacral strain, finding that the medical evidence did not show unfavorable ankylosis of the entire spine. The current rating of 50% is appropriate based on limitation of motion.