Sleep apnea Board decisions

The Board has reopened the veteran's claim for service connection for degenerative disc disease of the lumbosacral spine and is now considering whether new evidence supports this reopening.

The veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations.

The Board found that the veteran's chronic bilateral foot disorder to include pes planus was not incurred in or aggravated by active service, active duty, and active duty for training. The veteran's lumbosacral spine degenerative disc disease, degenerative joint disease and osteoarthritis were granted service connection with a 10 percent evaluation effective October 23, 2001.

The veteran's claim for an increased evaluation on an extraschedular basis has been remanded due to the need for additional development, including a VA examination and consideration of new evidence.

The Board has granted service connection for degenerative joint disease and scoliosis of the lumbosacral spine, finding that the veteran's account of his in-service activities as a paratrooper is credible. The left knee disorder was not addressed due to lack of information on the veteran's military service.

The veteran's claim for payment or reimbursement of emergency medical treatment in a non-VA facility on January 7, 2002 is denied as he had not received VA medical care within two years preceding the emergency medical care.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint and disc disease is being remanded due to the need for additional VCAA-compliant notice and development.

The Board has denied the veteran's claims for service connection for an enlarged prostate, obstructive sleep apnea, and a deviated naval septum with breathing problems due to lack of evidence linking these conditions to his military service.

The Board has determined that the veteran is entitled to a 20 percent disability rating for traumatic arthritis with degenerative disc disease of the lumbosacral spine, effective September 26, 2003.

The Board has determined that the veteran's service-connected degenerative disc disease of lumbosacral spine with spondylolisthesis L3-L4 and scoliosis of lumbar spine does not warrant a higher disability rating as it does not meet the criteria for an increased evaluation under the applicable diagnostic codes.

The Board denied the veteran's claim for service connection for lumbar sprain, to include degenerative changes of the lumbosacral spine, finding that there was no medical evidence establishing a nexus between his current disability and his in-service injuries.

The VA denied the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and arthritis of the right hip, finding that these conditions were not related to her service-connected bilateral pes planus or any other service event.

The veteran's service-connected lumbosacral strain is rated at 40 percent, and his anxiety reaction with tension headaches is rated at 30 percent. The veteran has not met the criteria for a higher rating under either diagnostic code.

The Board has granted a 50 percent rating for the service-connected lumbosacral strain, effective from September 26, 2003.

The case is being remanded to the RO for scheduling a hearing and readjudication of the issues on appeal.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for lumbosacral strain, prostate disorder, and hypertension. The veteran's claims were previously denied in June 1999 due to lack of evidence showing these conditions during or within one year after service.

The Board has granted a 20 percent evaluation for degenerative joint disease of the lumbosacral spine, and denied increased evaluations for degenerative joint disease of the right knee and left knee.

The Board has determined that the veteran's lumbosacral spine degenerative disc disease does not meet or approximate the criteria for a schedular disability rating higher than 60 percent.

The Board has remanded the case for additional development, including providing VCAA notice and obtaining updated treatment records. The issues of whether new and material evidence has been received to reopen a claim of service connection for hypertensive vascular disease, and entitlement to service connection for obstructive sleep apnea as secondary to hypertensive vascular disease are pending.