Sleep apnea decisions — 2009

The Veteran's service-connected DJD of the lumbosacral spine was granted a 40 percent evaluation effective November 3, 2004. The Veteran's GERD is also rated at 30 percent under Diagnostic Code 7346.

The Board denied the Veteran's claims of service connection for right hip cellulitis, pulmonary tuberculosis, tinnitus, and a low back disorder. The claim for cognitive disorder was not addressed as it is related to an issue not involving service connection.

The Board has remanded the claims due to incomplete records and need for additional development.

The Veteran's service-connected lumbosacral strain with degenerative disk disease and thoracic facet dysfunction with degenerative disc disease is currently rated at 10 percent, effective September 1, 2005. The cervical spine disability is also rated at 10 percent.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims of entitlement to service connection for lumbosacral strain and a cervical spine disability. The evidence added since the previous final denial is considered cumulative or redundant.

The Board has denied the Veteran's claims for service connection for sleep apnea and COPD, finding that there is no evidence of an in-service injury or relationship to active military service.

The Veteran has been granted service connection for obstructive sleep apnea, which is considered a direct service connection as no presumption or other special theory of entitlement was applicable.

The Board has remanded the case due to insufficient evidence regarding the Veteran's sleep apnea and its onset during service. The Veteran will be scheduled for a VA examination to determine if she currently has obstructive sleep apnea, and whether it is at least as likely as not that this disorder began during her military service.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for fibromyalgia, bilateral hip pain, and IBS was upheld at 40 percent.

The Board found that the Veteran's sleep apnea and various ENT disorders did not manifest during service or within one year of separation, and are not related to service. The claims were denied.

The Veteran's claim for an increased evaluation in excess of 10 percent for his service-connected status post T7 compression fracture with lumbosacral spine degenerative disc disease with chronic thoracic spine strain was denied due to failure to report for a scheduled VA examination without good cause.

The Board has denied the Veteran's claims for service connection for a lumbosacral strain and a right hip condition, finding that there is no evidence of an injury or disease in service and insufficient medical evidence to link current conditions to service.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected lumbar degenerative disc disease and any diagnosed lumbosacral radiculopathy. The RO/AMC will then review the claims of entitlement to a rating in excess of 20 percent for lumbar degenerative disc disease and service connection for lumbosacral radiculopathy.

The Veteran's appeal for an increased rating for his lumbosacral spine fusion was denied, and the issue of a higher initial rating for radiculopathy of the left lower extremity remains pending.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 60 percent, but his disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Veteran's service-connected lumbosacral strain was rated at 10 percent prior to July 12, 2006 and at 20 percent from that date. The Board found the evidence did not support staged ratings in excess of these assigned percentages.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his left ear hearing loss warranted a noncompensable rating. The Veteran also withdrew his appeal regarding mandibular prognathia.

The Veteran's appeal is being remanded due to his request for a hearing before the Board of Veterans' Appeals.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations.