Sleep apnea Board decisions

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a right knee condition and lumbosacral strain, which were previously denied in April 1985. As such, these claims remain denied.

The Board denied service connection for lumbosacral degenerative disc disease with disc protrusion and status post laminectomy, as secondary to the veteran's service-connected back strain due to lack of evidence linking the condition to service or service-connected disability.

The Board has determined that additional development of the record is necessary to determine if the veteran's retinitis pigmentosa was incurred or aggravated during his period of active service from August 1972 to July 1975, and whether any manifestations existed prior to his entrance onto active duty.

The Board denied the veteran's claims for service connection for a left wrist ganglion cyst and lumbosacral strain to include sacrococcygeal cyst and L5/S1 degenerative disc disease, finding no evidence of chronicity in service or within one year after service.

The Board found no evidence of a heart disability, sleep apnea, or allergies that were caused or aggravated by service. The veteran's claims for these conditions are therefore denied.

The Board denied the veteran's claims for an evaluation in excess of 40 percent and an extraschedular rating for degenerative disc disease of the lumbosacral spine, finding that his disability did not meet the criteria for a higher schedular evaluation.

The veteran's claim for a higher rating for his lumbosacral disc disease is being remanded due to the need for additional medical records and an updated VA examination.

The Board has ordered the case to be remanded for additional development, including obtaining private medical records and scheduling VA examinations.

The veteran seeks service connection for degenerative joint and disc disease of the lumbosacral spine, which he claims is due to a back injury sustained during service. However, his service medical records are missing, making it difficult to determine if this condition is related to his military service.

The veteran has withdrawn his appeal regarding the issue of whether new and material evidence has been submitted to establish service connection for a back disability, also claimed as degenerative arthritis and lumbosacral strain. As such, the Board dismisses this matter.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a chronic low back disorder, and the GERD and IBS residuals did not meet criteria for an initial rating in excess of 30 percent. The left thumb amputation was rated appropriately based on symptoms and history.

The veteran withdrew his appeals for increased ratings on all three issues, including the lumbosacral spine condition and sensory impairment of both lower extremities.

The Board has granted a 10 percent rating for the veteran's service-connected lumbosacral strain with degenerative joint disease (DJD) effective January 11, 2007. The veteran previously had a noncompensable rating.

The Board denied the veteran's claims for service connection for obstructive sleep apnea and an initial compensable rating for his deviated nasal septum, finding no evidence to support these claims.

The veteran's son, born with epidermolytic bullosa, is not entitled to VA compensation as the condition does not meet the criteria for spina bifida under VA regulations.

The Board denied the veteran's petition to reopen his previously denied claims for service connection for ADHD, depression, dysthymia, and allergies. The effective date of the increased rating for sleep apnea from February 10, 2004 was also denied.

The Board has determined that additional development is necessary to properly adjudicate the appellant's claim for service connection for the cause of the veteran's death due to atherosclerotic cardiovascular disease and sleep apnea. This includes obtaining medical records, conducting expert opinions on etiology, and considering all relevant evidence.

The Board denied the veteran's claims for service connection and an increased rating for his lumbosacral spondylosis, finding that it was not related to his service-connected knee disabilities. The left knee disability is rated at 10%.

The Board has determined that additional development is needed to determine whether the veteran's quadriplegia and other disabilities are related to a December 2002 VA cervical spine tumor resection surgery, including issues of informed consent and negligence.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the veteran's claims for service connection for hypertension, right shoulder injury, headaches (claimed as secondary to an in-service motor vehicle accident), swelling of the right leg, and sleep apnea.