Sleep apnea decisions — 2009

The Board found that the Veteran's degenerative disk disease of the lumbosacral spine was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has determined that the appellant's lumbar spine disability warrants a rating of 60 percent, effective from the date of the initial claim.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied. The VA determined that the current symptomatology did not warrant a higher rating than 40 percent.

The Veteran's low back disability is being remanded for further development and consideration, including a VA examination to determine if the condition existed prior to service or was aggravated by military service.

The Board has granted service connection for the Veteran's migraine headache disability as secondary to his service-connected lumbar spine disability.

The Veteran's DDD of the lumbosacral spine was granted a 40 percent disability rating effective March 31, 2009.

The Veteran's service-connected traumatic arthritis of the lumbosacral spine with degenerative disc disease is currently rated at 40 percent effective February 27, 2004.

The Veteran's lumbosacral paravertebral myositis was rated at 20 percent effective October 29, 2008.

The Board has determined that the Veteran is not entitled to an effective date earlier than January 11, 2005 for the grant of service connection for retinitis pigmentosa.

The Board denied service connection for obstructive sleep apnea and thyroid disorder, finding that the evidence did not support a link between these conditions and the Veteran's active service.

The Board has remanded the case due to incomplete records and the need for VCAA notice regarding applicable diagnostic criteria.

The Board has decided to remand the case for a new VA examination and opinion regarding the etiology of the appellant's claimed conditions, including rhino sinusitis, bronchitis, and sleep apnea. The claims will be re-adjudicated after this development.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a low back disability. However, the evidence does not establish a link between the Veteran's current condition and his in-service injury.

The Veteran's lumbosacral strain was granted a rating of 20 percent prior to August 26, 2004 and increased to 40 percent from that date. The Veteran's bilateral hearing loss and hemorrhoids were also granted an increase in their ratings.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and medical records.

The Veteran's claim for an increased evaluation for his lumbosacral spine disorder is denied, as the evidence does not support a rating in excess of 20 percent. A separate evaluation of 10 percent for right sciatic radiculopathy prior to May 6, 2005 is also denied.

The Board found no evidence of a link between the Veteran's current lumbar spine disability and his service, thus denying his claim for service connection.

The Veteran's appeal has been withdrawn before a decision could be made.

The Veteran's degenerative disc disease of the cervical and lumbosacral spine is not shown to have had its onset during active service or for several years thereafter, nor is either shown to be due to an injury or other event of any period of active service. The Board denies service connection.

The Board denied service connection for skin disorders, finding that the conditions were not incurred in or related to service and did not manifest as a result of herbicide exposure. The Veteran's reported treatment history was inconsistent with his current diagnoses.