Sleep apnea decisions — 2010

The Veteran's lumbosacral strain is currently rated at 10 percent, but the evidence does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied the Veteran's claim for service connection for degenerative disc disease and degenerative joint disease of the lumbosacral spine, finding that there was no evidence linking his current condition to active service. The cervical spine issue was withdrawn by the appellant.

The Board has reopened the Veteran's claim of service connection for a left knee disability based on new and material evidence. The claim of secondary service connection for sleep apnea is denied as there is no medical evidence to support that the Veteran's sleep apnea is caused by his service-connected obstructive lung disease.

The Veteran's claims of increased disability rating for vascular headaches, service connection for a sleep disability including as secondary to service-connected vascular headaches, and service connection for an anxiety disorder were all denied. The Board found that the evidence did not support a finding of service connection for these conditions.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied. The current rating of 40 percent is based on findings from an August 2005 VA examination, which showed forward flexion to 75 degrees and no unfavorable ankylosis.

The Veteran's respiratory disorder, including asthma and shortness of breath, is attributable to his service in the Navy. ,The Veteran's sleep apnea is also attributable to his service.

The Board found that the Veteran's pre-existing retinitis pigmentosa (RP) of the eyes was aggravated by his military service, leading to a determination in favor of granting service connection for RP.

The Veteran's lumbosacral strain has been manifested by pain, spasm, weakness, and limitation of motion. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, nor ankylosis of the thoracolumbar spine, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's claims for service connection are denied, but some issues have been reopened due to new and material evidence. The decision is mixed as it grants some aspects of the claims while denying others.

The Veteran's sleep apnea is granted service connection. Service connection for hypertension, secondary to PTSD/major depressive disorder, remains pending.

The Board has determined that the Veteran's cervical spine disorder is proximately due to his service-connected lumbosacral HNP, and thus grants service connection for this condition.

The Veteran's right patellar tendonitis and lumbosacral strain have been rated as noncompensable due to the lack of compensable limitation of motion. The appeal is denied.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease. The issue of service connection for bilateral hearing loss disability is dismissed due to the Veteran's withdrawal of his appeal. The case is REMANDED for issuance of a SOC regarding an initial evaluation in excess of 10 percent for Type II diabetes mellitus.

The Board found that the Veteran's lumbosacral strain did not meet or approximate the criteria for a rating in excess of 10 percent, thus denying her claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for an appropriate VA examination to determine the severity of his service-connected low back, right hip, and right shoulder disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess the severity of his service-connected low back disability.

The Board found no evidence of in-service injury or disease related to the claimed conditions and concluded that service connection for macular degeneration and bronchial mucosa associated lymphoma could not be established as they are not shown to have been incurred during active duty.

The Board denied the Veteran's claims for service connection and evaluations of various conditions, including a right knee disability, hypertension, sleep apnea, and residuals of cold injury. The issues were remanded for further development.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by his military service. The skin disorder of the groin area is denied as there is no evidence linking it to service.

The Board has determined that further development of the Veteran's claim is needed, including obtaining National Guard service records and scheduling a VA examination to determine if his current sleep apnea is related to his military service.