Sleep apnea decisions — 2009

The Veteran's service-connected lumbosacral strain is primarily manifested by complaints of intermittent low back pain, mostly at night; complaints of muscle spasms for which he has been prescribed a muscle relaxant, to take as needed; forward flexion of the thoracolumbar spine to 82 degrees; and combined range of motion of the thoracolumbar spine of 205 degrees. There has been no showing of muscle spasm or guarding severe enough to result in abnormal gait or abnormal spinal contour.

The Veteran's residuals of a lumbosacral strain have been evaluated as noncompensable, but the Board granted a separate 10 percent rating for pain with numbness radiating down to the right lower extremity and into the toes. The Veteran's residuals, status post pterygium removal, right eye do not result in a loss of visual acuity.

The Veteran's lower back disability was rated at 40 percent, effective February 9, 2005, based on the severity of his symptoms and functional loss.

The Board remands the claim for a new VA examination to assess the current severity of the Veteran's low back disability, as well as to obtain any outstanding medical records and SSA records.

The Board denied the Veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection.

The case was remanded to schedule a Travel Board hearing at the RO.

The Veteran's recurrent lumbosacral strain has been granted a 20 percent disability rating, effective from the date of his current claim.

The Board denied the Veteran's claims for service connection for lumbosacral spine, cervical spine (neck), and left shoulder disabilities as there was no competent medical evidence of current disabilities related to service.

The Veteran's hypertension, sleep apnea, skin disorder (chloracne/sebaceous hyperplasia), right hip disorder and bilateral neuropathy of the feet were not related to his service or any service-connected disability.

The Board denied an evaluation higher than 30 percent for lumbosacral strain with degenerative joint disease, effective July 23, 2004; and higher than 40 percent, effective June 12, 2006; and higher than 50 percent, effective August 14, 2007.

The Veteran's degenerative disc disease of the lumbosacral spine does not warrant a rating in excess of 20 percent, and his psychiatric disability was not incurred in or aggravated by active service.

The Board denied service connection for sleep apnea, finding it was unrelated to an injury, disease, or event of service origin and not caused by or aggravated by the Veteran's service-connected post-traumatic stress disorder.

The Board denied service connection for variously diagnosed skin disorders, finding no evidence of a nexus between the Veteran's current skin conditions and his military service.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine, arthritis of the right knee, and bilateral hearing loss were denied as the evidence did not support higher ratings.

The appeal is remanded to the Board for further adjudication of service connection for a disorder characterized by 'excessive daytime sleepiness,' whether diagnosed as narcolepsy or as secondary to OSA.

The Board denied the Veteran's claims for service connection and increased ratings, finding that the evidence did not support a connection between his current disabilities and military service or warrant higher disability ratings.

The Board denied the Veteran's claims for initial ratings in excess of 20 percent for degenerative disc disease of the lumbosacral spine, in excess of 10 percent for degenerative disc disease of the cervical spine and impingement syndrome of the left shoulder, but granted a 40 percent rating for the same period for the lumbar spine condition.

The Veteran's hypertension was incurred in or aggravated by active service, while his sleep apnea and skin cancer were not.

The Board remands the claim for a VA medical examination to determine the etiology and approximate onset date of the Veteran's sleep apnea.

The Veteran's lumbosacral strain is manifested by forward flexion of the thoracolumbar spine that is greater than 30 degrees but not greater than 60 degrees, and an increased evaluation to 20 percent was granted.