Sleep apnea decisions — 2009

The Board has remanded the case for further examination and development due to insufficient evidence regarding functional loss during flare-ups.

The Veteran's claim for service connection for degenerative disc disease, L4-5, L5-S1 was denied. The claim for service connection for idiopathic thrombocarpin purpura with systemic lupus erythermatosus (claimed as thrombocarpin) was also denied due to lack of evidence linking the condition to service or herbicide exposure.

The Board denied service connection for various conditions, including bronchiectasis and bronchitis, asthma, GERD, hypertension, bilateral eye disability, obstructive sleep apnea, and right hip disability. The Veteran's appeal was not about service connection at all.

The Veteran's claims for increased rating and service connection were denied. The Board found that the reduction in disability rating from 100% to 10% was proper, but did not find evidence supporting restoration of the higher rating.

The Veteran's claim for an increased rating for his lumbar spine disability and associated sciatic nerve symptoms was denied. The RO found that the Veteran's condition did not warrant a higher than 40 percent rating.

The Board has reopened the claim of entitlement to service connection for transitional lumbosacral vertebra fused with sacrum; compression fracture, L3, L4, and L5 due to new evidence showing aggravation by military service. The Veteran's pre-existing condition was aggravated during active duty.

The Veteran's claims for increased evaluations of his right ankle and knee disabilities were denied. The claim to reopen a right wrist disability was granted, but no new evaluation is assigned as the highest schedular rating has already been reached.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease was denied. The evidence showed that the Veteran experienced chronic low back pain, but did not meet criteria for a higher rating due to lack of incapacitating episodes requiring bed rest and treatment by a physician.

The Board denied service connection for all claimed conditions, finding no current disability and insufficient evidence to link any of the disabilities to service.

The Board granted a 40 percent rating for the Veteran's low back disability and denied his claim for TDIU.

The Board denied service connection for lumbosacral spine and left shoulder disabilities, finding no evidence of such conditions during active service or related to service.

The Board has remanded the case for further development due to new claims raised by the Veteran and inextricably intertwined with the current appeal.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and employment information. The VA will also schedule the Veteran for a VA examination to determine if his service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's disability did not meet or approximate criteria for a rating in excess of 20 percent, as there was no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for higher ratings.

The Veteran's claims for increased disability rating, service connection, and special monthly compensation are being remanded due to the need for further development.

The Board found that the Veteran's bilateral eye condition, including retinitis pigmentosa, amblyopia or nystagmus, was not incurred in or aggravated by active service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board found that the Veteran's sleep apnea was not related to his military service and denied his claim for service connection.

The Veteran's service-connected lumbosacral strain with degenerative disc disease and degenerative joint disease is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Codes 5237-5243. The other conditions have their respective current ratings.

The Veteran's right shoulder disorder and spondylitic changes of the lumbosacral spine have been granted higher initial ratings.