Sleep apnea decisions — 2010

The Veteran's service-connected cervical spine and lumbosacral spine disabilities are rated at 30 percent and 20 percent, respectively. The Board finds that the weight of evidence is in approximate balance and with resolution of doubt in favor of the Veteran, granting higher ratings for his disabilities.

The Veteran's lumbosacral strain is rated at 10 percent since June 6, 2005. The appeal for a higher initial evaluation was denied.,Service connection for the left shoulder disorder and left knee disorder were granted with respective initial evaluations of 20% and 10%. The appeals for higher initial evaluations were denied.,The Veteran's right knee disorder is rated at zero percent since June 6, 2005. The appeal for a higher initial evaluation was denied until November 23, 2006 when the rating was increased to 10%.,Service connection for the right shoulder disorder was not granted.

The Board has affirmed the RO's denial of service connection for lumbosacral sublux/strain/sprain.

The Veteran's claims for increased ratings for radiculopathy of the lower extremities and degenerative disc disease with degenerative joint disease of the lumbosacral spine were denied. The Veteran is not entitled to an initial rating in excess of 10 percent for either condition.

The Veteran's service-connected chronic lumbosacral strain, with L4-S1 bulging disc and osteoarthritis, is rated at 40 percent. The neurological manifestations of the right lower extremity are not rated higher than 10 percent. The neurological manifestations of the left lower extremity are rated as non-compensable prior to July 17, 2009.

The Board determined that the reduction of the disability evaluation for service-connected lumbosacral strain with limitation of motion from 30% to 10% was proper.

The Board found that the Veteran's tinnitus is not service-connected and denied his claim for lumbosacral strain due to lack of evidence showing a connection between his current condition and service.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had not been presented to reopen the claims for bilateral hearing loss, tinnitus, and hypothyroidism. Service connection was also denied for PTSD, IBS, sleep apnea, and a right hand disorder. A right ankle disorder claim is being remanded.

The Board has reopened the Veteran's claim for service connection for PTSD and found that new evidence supports a current diagnosis of PTSD. However, as the stressors claimed by the Veteran have not been verified, his claim cannot be granted. The Veteran's sleep apnea is also denied due to lack of in-service incurrence or occurrence.

The Veteran's claims for service connection for hearing loss, right ankle injury, gastrointestinal condition, non-union of the scaphoid (right wrist), right hand and finger condition, acquired psychiatric disorder (PTSD), and sleep apnea were all denied as there is no evidence of a current disability or a link to service.

The Veteran's claims for service connection have been denied. The Board found that the evidence received since the June 2001 rating decision does not relate to an unestablished fact necessary to substantiate any of the claims and does not raise a reasonable possibility of substantiating any of the claims.

The Board found that the Veteran's current degenerative disc disease, status-post L4 to L5 laminectomy, is not related to service and denied his claim. The Board also found no evidence linking sleep apnea to service.

The Veteran's wife reported that the Veteran began experiencing sleep apnea symptoms during service. The VA treatment records confirm a current diagnosis of sleep apnea. However, there is no medical opinion linking these symptoms to his in-service experiences or to his already service-connected bronchial asthma with chronic seasonal allergic rhinitis.

The Board has remanded the claim for further development and consideration, including a VA examination to determine the presence or absence of lumbar radiculopathy.

The Veteran withdrew his appeal, and the Board dismissed all issues as a result.

The Veteran's claim for an increased initial evaluation for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional examination and consideration of extraschedular rating.

The Veteran's obstructive sleep apnea was found to be marked by mild periodic limb movements, snoring, and persistent day-time hypersomnolence but did not require the use of a breathing assistance device. The criteria for an initial disability evaluation in excess of 30 percent for obstructive sleep apnea have not been met.

The Board found that the Veteran does not have retinitis pigmentosa that is attributable to military service and denied her claim.

The Veteran's claims for service connection are being remanded due to the need for additional VA examinations.

The Veteran's claim for a higher rating and earlier effective date for service connection of retinitis pigmentosa was granted, with the effective date set at December 29, 1988.