Sleep apnea Board decisions

The Board denied the veteran's claims for service connection for cardiovascular disease and a higher rating for his low back disorder, as well as entitlement to a total rating by reason of individual unemployability due to service-connected disabilities. The evidence did not support these claims.

The Board denied the veteran's claims for service connection for a deviated septum and sleep apnea as secondary to a deviated septum, finding that there was no evidence of aggravation during service or any other service-connected disability causing the conditions.

The Board denied the veteran's claim for a rating in excess of 20 percent for residuals of lumbosacral strain, finding that his condition did not warrant such an increase based on moderate limitation of motion.

The Board has determined that the veteran's degenerative disc disease, lumbosacral spine does not warrant a rating in excess of 10 percent from July 1, 2002 to June 17, 2003 and since June 17, 2003 warrants a 20 percent rating. The veteran's radiculopathy of the left lower extremity is rated at 10 percent.

The Board has denied the veteran's claims for service connection for a lumbosacral spine disability and chronic fatigue secondary to his service-connected carcinoma of the abdomen, as well as the evaluation of his restrictive lung disease. The veteran's current rating for his restrictive lung disease is 10 percent.

The veteran's disability evaluation for chronic lower dorsal and lumbosacral strain, including degenerative disc disease and degenerative joint disease, is denied as the evidence does not meet the criteria for a higher rating.

The Board has granted increased ratings for the veteran's service-connected stomach disorder, post-operative residuals of a right knee injury, and lumbosacral spine disability.

The Board granted a rating of 20 percent for the service-connected lumbosacral spine disability, effective from the date of the decision. A separate 10 percent rating was also granted for radiculopathy associated with the disability.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 100 percent evaluation due to multi-level degenerative changes, spondylolisthesis, ligamentum flavum hypertrophy and uncovertebral joint hypertrophy, autofusion and degenerative arthropathy extending from T12 all the way to the sacrum, muscle spasm, limitation of motion, ankylosis, pronounced appearance of stoop, spinal stenosis, instability, and functional impairment due to pain.

The Board found that the veteran's bronchial asthma did not warrant an evaluation in excess of 30 percent, and his lumbosacral strain was rated as 10 percent disabling. The appeal is denied.

The Board found no evidence that the veteran's current lumbar spine disability is causally related to his service or a service-connected shell fragment wound.

The veteran's service-connected conditions do not preclude substantially gainful employment.

The Board has remanded the case for additional development due to insufficient evidence regarding the relationship between the veteran's current lung disorders and his service, including exposure to Agent Orange.

The veteran's claim for increased evaluations of his lumbosacral strain disability was denied, with the RO maintaining a 10 percent evaluation for the period from October 6, 1993 to December 8, 1998 and denying any increase beyond that.

The Board denied the veteran's claim for service connection for residuals of a low back injury, finding that there was no medical evidence linking his current disability to service.

The Board finds that the effective date for a 40 percent rating for lumbosacral injury should be July 24, 2002, as this is when the entitlement arose. The veteran's claim was not received until February 9, 1999.

The VA denied a request for an increased rating for lumbosacral strain, maintaining the current 20% disability rating.

The veteran's prostatitis is currently rated at 30 percent, effective since June 30, 2005. Service connection for discogenic disease of the lumbosacral spine has been granted.

The Board has remanded the case for additional development due to new medical records received by the RO. The veteran's claim of increased evaluation and her attempt to reopen a secondary service connection claim are both under consideration.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the veteran for a VA examination to determine the etiology of his claimed disabilities.