Sleep apnea Board decisions

The veteran's claim for an increased disability rating for his service-connected low back disability is being remanded due to procedural defects in the VCAA notice provided.

The veteran's claim for an increased disability rating for her service-connected lumbosacral strain is being remanded due to procedural issues and the need for proper VCAA notification.

The Board has granted service connection for sleep apnea on the basis of aggravation, finding that it is more likely than not that the appellant's service-connected sinusitis and rhinitis have permanently worsened his underlying sleep apnea disorder.

The veteran's claim for an increased evaluation of her service-connected post-operative lumbar discectomy right L4-L5 with limitation of motion of the lumbosacral spine was granted, and she is now rated at 40 percent. The claim for secondary service connection for a right ankle disorder was also granted.

The VA has granted service connection for lumbosacral strain and assigned a 10 percent evaluation, effective December 13, 2003. The veteran's appeal is denied as he does not meet the criteria for an increased rating.

The veteran's claims for bilateral hearing loss, vision disability (macular degeneration), chronic skin disorder, prostate disorder, and low back disorder were denied as not related to his active service.

The VA denied a disability rating in excess of 40 percent for the veteran's chronic lumbosacral strain with degenerative disc disease from March 16, 2006.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The veteran's schizophrenia was granted service connection, but his back conditions, hypertension, kidney condition, sinusitis, and bilateral foot condition were denied.

The Board denied service connection for multiple conditions, including headaches, lumbosacral strain, left hip strain, allergic rhinitis (claimed as nose/sinus condition), pes planus of the right foot, hemorrhoids, and disability manifested by dizziness.

The Board has denied the veteran's claims for service connection for right axilla lipoma (claimed as liposarcoma) and PTSD, and denied his increased rating claim for Type II diabetes mellitus. The evaluation of hypertensive vascular disease from March 5, 2003, Osgood-Schlatter's disease of the right knee from March 5, 2004, and Osgood-Schlatter's disease of the left knee from March 5, 2004, have also been denied. The veteran's daughter has not been recognized as a helpless child.

The veteran's appeal is being remanded to schedule a videoconference hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The Board has reopened the veteran's claim of service connection for DDD of the lumbosacral spine with left foot drop. However, it is denied as there is no evidence linking these conditions to service.

The Board found that the reduction of the rating from 40% to 20% for lumbosacral myositis was proper and upheld. The veteran's condition is currently rated at 20%.

The Board denied service connection for a cervical spine disorder, lumbosacral spine disorder, and hepatitis C.,There is no evidence of any chronic conditions related to the veteran's military service.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and considering the provisions of 38 C.F.R. § 3.310 and Allen v. Brown.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine, post-operative meniscectomy of the right knee, and traumatic arthritis of the right knee. The RO had previously granted a 40% rating effective December 18, 1989.

The veteran's lumbosacral strain has not been manifested by unfavorable ankylosis of the lumbar spine, unfavorable ankylosis of the entire thoracolumbar spine, or objective evidence of compensable adverse neurological symptomatology. Therefore, a higher rating is denied.,Since August 7, 2003, the veteran's tinea versicolor has not been manifested by involvement of over 20 to 40 percent of the entire body, or involvement of 20 to 40 percent of exposed areas, nor has systemic therapy such as corticosteroids or other immunosuppressive drugs been required for a total duration of six weeks or more, but not constantly, during a twelve month period. Therefore, a higher rating is denied.

The Board granted a disability rating of 20 percent for the veteran's service-connected lumbar spine disability prior to March 7, 2007. The veteran was previously rated at 20 percent and now receives an increase to 40 percent effective from April 12, 2005.

The Board found that the veteran's cervical and lumbar spine disabilities are not related to his service-connected bilateral knee disabilities, and thus denied these claims.