Sleep apnea Board decisions

The veteran's claims for increased ratings for his right and left knee disabilities, as well as lumbosacral strain, were denied by the Board of Veterans' Appeals.

The Board has determined that additional development is needed to address the merits of the veteran's claim for service connection for arthritis of the lumbosacral spine, including as secondary to his service-connected left knee injury. The case is being remanded for a VA examination and opinion from an orthopedic physician.

The veteran's claim for an increased rating for her degenerative disc disease of the lumbosacral spine at L5-S1 is being remanded due to a lack of VCAA notification and incomplete development.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain with DDD and DJD, as his condition did not meet the criteria for a higher rating based on incapacitating episodes or other objective manifestations of disability.

The Board found that the appellant's claimed conditions of chondromalacia of the right and left knee, as well as lumbosacral strain with pain, limitation of motion, and x-ray evidence of degenerative disc disease at L2-3 through L5-S1, with spondylosis, were not incurred or aggravated by military service. The Board concluded that there was no credible evidence to support the appellant's claims.

The Board dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The Board has remanded the case for further development due to incomplete information and evidence, including a need for additional examinations.

The Board has determined that the veteran's current disability ratings for lumbosacral strain with disc disease and duodenal ulcer disease are not supported by the evidence of record, thus denying his claims for restoration.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease warrants a 40 percent evaluation, which is higher than the current 20 percent rating.

The veteran's claims for service connection for various undiagnosed illnesses due to his service in the Southwest Asia theater during the Persian Gulf War were denied. The Board found that new and material evidence had been submitted, but did not establish a relationship between the claimed conditions and service.

The Board has granted service connection for residuals of an epidural procedure and denied increased ratings for right metatarsalgia with neuroma and lumbosacral strain with traumatic arthritis.

The Board found that the veteran's service-connected lumbosacral spine disability did not warrant a higher rating prior to October 25, 2005 and was only rated at 10 percent from that date. The cervical spine disability was also rated at 10 percent from October 25, 2005. The veteran's service-connected musculoskeletal headaches were rated as noncompensable prior to October 25, 2005 and a rating higher than 10 percent beginning that date.

The Board denied service connection for breathing problems with sleep apnea as secondary to a service-connected nasal bone fracture and denied service connection for type II diabetes mellitus due to exposure to herbicides. The veteran's claims were not supported by the evidence of record.

The VA has determined that the veteran's degenerative changes of the lumbosacral spine warrant a 40 percent disability rating, which is the maximum assigned under current regulations. The condition does not meet criteria for higher ratings based on additional functional loss or other factors.

The veteran's appeal for service connection for degenerative disc disease of the lumbosacral spine with spinal stenosis, claimed as joint pains due to an undiagnosed illness, has been dismissed because his attorney withdrew the claim prior to a decision.

The Board has determined that the veteran's current sleep apnea had its onset during service and is therefore granted service connection.

Throughout the rating period, the veteran's low back disability was manifested by complaints of pain and limited motion. The VA determined that a 20 percent evaluation for lumbosacral strain with degenerative disc disease is appropriate.

The VA determined that the veteran's service-connected chronic lumbosacral strain, with degenerative disc disease and degenerative joint disease at L2-3 and L3-4, does not warrant an evaluation in excess of 40 percent.

The veteran's sleep apnea is currently rated at 50 percent, which is the maximum schedular rating available. His allergic rhinitis with sinusitis does not meet the criteria for a compensable evaluation.

The Board has granted a 20 percent rating for the service-connected residuals of a back injury with degenerative changes, effective from June 4, 2005.