Sleep apnea Board decisions

The Board finds that the Veteran's current low back disability, including lumbosacral strain and discogenic disease, is not attributable to service. The preexisting injuries in service did not result in a chronic condition.

The Veteran's lumbosacral strain has not met the criteria for a higher rating since September 26, 2003. The disability does not include vertebral fracture, ankylosis, severe limitation of motion, or incapacitating episodes. As such, her current rating of 20% is maintained.

The Veteran's lumbosacral strain was initially granted service connection and rated at 10 percent as of May 6, 2004. In September 2006, the rating was increased to 20 percent effective from May 6, 2004.

The Veteran died in October 2005 from intracranial hemorrhage due to, or as a consequence of, hypertension. The RO will need to provide proper notice and obtain a medical opinion regarding the cause of death and its relation to service-connected conditions.

The Board has determined that the Veteran's low back disability is aggravated by his service-connected right knee disability, and thus grants service connection for this condition on a secondary basis.

The Board found that the Veteran's back disability, degenerative changes of the lumbosacral spine, was not caused by or made worse by his service-connected residuals of a left ankle fracture.

The Board found that the Veteran's back disability was not incurred in or aggravated by active service and denied his claim.

The Board has determined that the Veteran's current low back disability, diagnosed as low back sprain and degenerative disc disease of the lumbosacral spine, is a pre-existing condition that was aggravated by military service. The Veteran's right and left foot disabilities are also found to be related to his period of active duty.

The Veteran's claim for a higher rating for his service-connected back disability is being remanded due to the need for additional development and consideration of staged ratings, as well as separate ratings for bowel and bladder impairment.

The Veteran's chronic low back disorder is not service-connected and the Board finds that it is not proximately due to or aggravated by his service-connected right knee condition.

The veteran has withdrawn his appeal regarding the evaluation of lumbosacral strain prior to January 24, 2007 and the increased evaluation for lumbosacral strain. As a result, these issues are dismissed.

The Veteran's claim for service connection for seborrheic dermatitis is dismissed as no justiciable case or controversy remains.,The claim for service connection for sinusitis has been reopened, but the evidence does not establish a current disability related to service. The Board finds that the Veteran does not have chronic maxillary sinusitis and therefore cannot be granted service connection.,Service connection for sleep apnea is denied as there is no showing of a chronic condition during service or within the initial post-service year.

The Veteran's claims for service connection and initial disability evaluations have been denied. The Board found no new and material evidence to reopen the claim for lumbosacral strain, and determined that his neck, liver condition, gouty arthritis, and hypertension were not incurred or aggravated in service.

The Board has determined that the evidence supports reducing the evaluation for lumbosacral strain from 40 percent to 20 percent, effective March 1, 2007. The Veteran's service-connected bowel disorder is not supported by competent medical evidence and thus denied.

The Board has reopened the claim for service connection due to new and material evidence, including a diagnosis of retinitis pigmentosa during active duty. The Veteran's eye disorder is considered incurred in service.

The Board denied the Veteran's claims of service connection for various conditions, including tuberculosis, liver damage and hepatitis, endocrine system damage with diabetes mellitus, sleep apnea, neuropathy of extremities, diabetic retinopathy blindness, and headaches. The decision found that new evidence did not support reopening the claim for residuals of tuberculosis, and that there was no direct service connection for any of the other conditions.

The Veteran's claim for an increased evaluation of his lumbosacral strain with degenerative changes and disc herniation is being remanded due to the need for a personal hearing.

The Veteran's claim for increased evaluations of his lumbar spondylosis was denied. The RO granted a 20 percent evaluation effective February 18, 2005 and later granted a 40 percent evaluation effective January 31, 2007.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded as the VA examination report does not address his employability solely based on his service-connected disabilities, and additional records are needed.

The Veteran's appeal is being remanded for further development due to the inadequacy of a previous VA examination and opinion.