Sleep apnea Board decisions

The Board has determined that the veteran's chronic low back disability and obstructive sleep apnea are at least as likely as not related to his military service, warranting service connection.

The Board found that the veteran's fibromyositis of the lumbosacral region did not meet or approximate the criteria for a disability rating in excess of 40 percent, as there was no evidence of unfavorable ankylosis, incapacitating episodes due to intervertebral disc syndrome, or objective neurologic abnormalities associated with the service-connected condition.

The veteran's service-connected PTSD and GERD are not at issue. The Board denied the claims for increased ratings for these conditions. Service connection for a low back disorder, skin disorder, bilateral knee disorder, bilateral ankle disorder, respiratory disorder, and fevers were all denied as they were not incurred in or aggravated by active military service.

The veteran's degenerative disc disease of the lumbosacral spine, which has primarily been manifested with complaints of low back pain and some limitation of motion, is currently rated at 40 percent. The RO found that this rating adequately reflects his disability.

The Board has determined that there is a need to obtain additional evidence from the veteran and his healthcare providers in order to properly evaluate his claim for service connection for retinitis pigmentosa.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The veteran's service-connected lumbosacral strain was initially rated at 10 percent and later increased to 20 percent effective July 5, 1995.

The veteran's claims for increased evaluations for PTSD and a lumbosacral spine disability are being remanded to the RO for further development.

The veteran's appeal is being remanded for additional development, including new examinations and consideration of his claims.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain with spondylolysis defect L/5 and spina bifida occulta defect S/1 was denied by the RO. The veteran requested de novo review, which resulted in a continued 20 percent disability rating.

The Board has granted service connection for a bilateral ankle disability as secondary to a service-connected right knee disability. The veteran's claims for increased ratings for arteriosclerotic heart disease and lumbosacral strain with bilateral sacroiliac arthritis have been denied, and the claim for an initial evaluation in excess of 10 percent for instability of the right knee has also been denied.

The Board has denied the petition to reopen the claim for service connection for degenerative joint disease of the lumbosacral spine as new and material evidence was not received.

The veteran's claim for an increased rating for his chronic lumbosacral strain is being remanded due to the need for VCAA-compliant notice and additional development, including obtaining private treatment records and scheduling a physical examination.

The Board has granted service connection for the veteran's residuals of lumbosacral spine sprain, finding that his current low back disability is related to his in-service injury.

The VA determined that the veteran's low back disability, rated at 20 percent under DC 5295, does not warrant a higher rating as his forward flexion of the thoracolumbar spine is not limited to 30 degrees or less and he does not have ankylosis.

The Board denied the veteran's claims for service connection for petit mal seizures and a compensable disability rating for residuals of a lumbosacral strain, finding no current seizure disability and insufficient evidence to support secondary service connection.

The Board has granted service connection for a low back disability, characterized as spondylolisthesis of the lumbosacral spine with mechanical low back pain, finding that it is linked to service.

The Board granted a 30 percent rating for residuals of right scapula fracture and denied the increased ratings for lumbosacral spine injury. The TDIU claim was granted effective from May 6, 2005.

The Board denied service connection for a low back disability as directly related to service. The claims for syncope and right knee disabilities, both claimed as secondary to syncope, are pending.

The veteran's service-connected low back disability, right femur disability, left femur disability, right tibia disability, and left knee disability are all rated at the maximum available rating of 20 percent. The veteran's right ankle and left ankle disabilities have not been shown to warrant a higher than noncompensable rating.