Sleep apnea decisions — 2010

The Veteran's obstructive sleep apnea and sarcoidosis are found to have begun during service, warranting the grant of service connection for both conditions.

The Veteran's low back disability was rated at 20% prior to March 11, 2009 and is now rated at 40% from March 12, 2009.

The Board found that the Veteran does not have sleep apnea and an acquired psychiatric disorder, to include auditory hallucinations, was not shown to be related to service.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a higher rating as it does not result in forward flexion limited to greater than 30 degrees but not greater than 60 degrees, or combined range of motion of the thoracolumbar spine not greater than 120 degrees; nor does it involve muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine if his sleep apnea is related to service.

The Board found no current disability of hernia, or residuals thereof, and denied the Veteran's claim for service connection.

The Board has granted the requested increased evaluations and service connection for certain disabilities based on the evidence of record.

The Veteran's appeal is being remanded for additional development of his service records and for examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's lumbosacral strain and post-operative residuals of left femur fracture with shortening of the left leg and left knee arthritis have been granted increased ratings.

The Board denied service connection for a chronic lumbosacral spine disorder, chronic headache disorder, and chronic sleep disorder. The Veteran's claims were not supported by competent medical evidence linking her current conditions to active service.

The Board has determined that the Veteran's current low back disability is not service connected, as it was not incurred or aggravated by his active duty service. The Board also found no evidence of a direct connection to his service-connected left knee disability.

The Board found that the Veteran's low back disability, lumbosacral strain, degenerative disc disease, and degenerative joint disease was not incurred in or aggravated by service. The current condition is unrelated to an injury or event during service.

The Board denied the Veteran's request to reopen his fibrosarcoma on the back claim, as no new and material evidence was submitted. The initial compensable rating for a scar on the left shoulder was granted, but service connection for a keloid scar on the chest was not established.

The Veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of a right hand disability, bilateral hearing loss, tinnitus, or gastrointestinal disability due to service. Service connection was also not granted for the Veteran's claimed conditions as they are not shown to be related to his active duty.

The Veteran's claims for increased ratings for his lumbosacral strain and degenerative arthritis, as well as right knee chondromalacia patella and right hip disability, were denied. The Board found that the current ratings adequately reflected the severity of the disabilities.

The Veteran's service-connected lumbar spine disability is manifested by forward flexion to 30 degrees or less, and the schedular criteria for a 40 percent rating are met.

The Veteran's claims for increased ratings and service connection are being remanded to the RO for further development of his medical records, including those from UPMC sports medicine center and Dr. Spiro at Magee-Womens Hospital.

The Veteran's back disorder is being remanded for additional development, including obtaining medical records and providing an addendum to the VA examination.

The Veteran's claims for higher initial disability ratings for residuals of gall bladder polyp, status-post laparoscopic cholecystectomy and degenerative disc disease of the lumbosacral spine have been denied. The evidence does not support a higher rating at any time during the applicable periods.

The Board found no evidence to support a service connection for the Veteran's back disability, as his pre-existing congenital scoliosis was not aggravated by service. The claim is therefore denied.