Sleep apnea decisions — 2010

The Veteran's appeal is being remanded to obtain additional medical records and for further VA examinations to determine the current severity of his service-connected lumbosacral strain and left knee disabilities.

The Veteran's bilateral hearing loss was not incurred in or aggravated by active service. The Board finds that there is no current diagnosis of a kidney disability, heart disability, or sleep apnea for which service connection can be granted.

The Board denied service connection for a low back disorder and the earlier effective date for PTSD, but granted an initial rating in excess of 50 percent for PTSD.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine, retropatellar pain syndrome of the right and left knees are being remanded for further evaluation as they continue to worsen.

The Veteran's lumbosacral strain was granted an increased rating to 40 percent effective August 8, 2008. He also received separate evaluations for radiculopathy of the right and left lower extremities, as well as a scar associated with back surgery.

The Board has reopened the claim for service connection of a lumbosacral strain and granted it, finding that new evidence supports the reopening of the claim. The effective date remains moot as the grant of service connection is not warranted.

The Board denied the Veteran's claims for service connection for lumbosacral strain and small fiber neuropathy (claimed as peripheral neuropathy) due to herbicide exposure. The decision on the latter issue is pending further action.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service, and is not proximately due to, or aggravated by, a service-connected disability.

The Board denied the Veteran's claim of service connection for a lumbosacral spine disability, arthritis, and degenerative disc disease, finding that these conditions were not incurred or aggravated by service. The Board also found that they are unrelated to his service-connected left knee disability.

The Veteran's service-connected low back disability, characterized by lumbosacral strain with spondylosis and radiculopathy of the right lower extremity, does not meet the criteria for a higher rating than 20 percent. The orthopedic manifestations do not warrant an increased rating due to lack of forward flexion of the thoracolumbar spine or ankylosis. The neurologic manifestation (radiculopathy) of the right lower extremity is productive of mild incomplete paralysis, which meets the criteria for a 10 percent disability rating.

The Board has determined that new evidence was submitted to reopen several service connection claims, but these claims were ultimately denied as the evidence did not establish a link between the claimed conditions and service.

The Veteran's appeal for service connection for sleep apnea has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The VA denied a higher evaluation for lumbosacral osteoarthritis, finding that the Veteran's condition did not meet criteria for an increased rating beyond 10 percent.

The Veteran's claim for an earlier effective date for TDIU was denied as the earliest date of entitlement arose is June 10, 2003 when he filed a claim for increased disability ratings.

The Veteran's claim for a higher evaluation for lumbosacral strain was granted, with an initial rating of 40 percent effective October 19, 2008.

The Veteran seeks service connection for sleep apnea. The Board has determined that the claim should be remanded to allow for a VA examination and further development of evidence.

The Veteran's C4 to C5 disc herniation is not shown to be due to an injury or other event of his active service, nor is it shown to have been caused by the service-connected residuals of lumbosacral strain. The Board finds that there is no causal relationship between the cervical spine disorder and the service-connected lumbar spine disability.

The Veteran's sleep apnea was incurred during his active service and is considered a direct result of the condition, without any presumption or secondary connection to another condition.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional VA medical records and a new examination.

The Board has granted a higher rating of 40 percent for the veteran's lumbosacral strain with degenerative joint disease, L5, effective from June 24, 2009. Prior to that date, the disability was rated at 20 percent.