Sleep apnea Board decisions

The veteran's back condition is rated at 60% due to pronounced intervertebral disc syndrome with significant symptoms.,The veteran's left knee condition remains at 20%, as the evidence does not support a higher rating.,The veteran's fused left ankle and residuals are rated at 20%, with no further increase.

The Board has granted service connection for a low back disorder, but denied service connection for an eye disorder due to lack of evidence linking the current conditions to service.

The Board found that the veteran's obstructive sleep apnea and chronic fatigue syndrome were not incurred in or aggravated by service, and denied both claims.

The Board has denied the veteran's claims for an increased evaluation for his lumbosacral spine disability and for a total disability rating based upon individual unemployability.

The veteran's claims for service connection for obstructive sleep apnea, muscle and joint pain, and a low back disorder with right thigh numbness were denied as there is no evidence of chronic disability or undiagnosed illness within the meaning of VA regulations.

The Board has granted service connection for diplopia and increased ratings for the cervical spine and lumbosacral spine disabilities. The appellant's other claims were denied.

The Board has remanded the case for additional development due to insufficient medical evidence to decide the claims.

The Board found that the reduction of the veteran's evaluation for degenerative disc disease of the lumbosacral spine from 40 percent to 10 percent was proper. The criteria for a disability rating in excess of 10 percent for degenerative disc disease of the lumbosacral spine have not been met.

The Board has decided to remand the case for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran is seeking service connection for lumbosacral degenerative disc disease with disc protrusion and status post laminectomy.

The Board denied the veteran's claims of service connection for various conditions, including eye disorder, kidney disorder, stomach disorder, deformed fingers and toes, and degenerative joint and disc disease of the lumbosacral spine. The decisions were based on a finding that there was no medical evidence to support these claims.

The Board has determined that the veteran's lumbosacral degenerative arthritis is not related to his military service and therefore denied his claim for service connection.

The May 11, 1990 decision denied service connection for retinitis pigmentosa due to the presumption that it existed prior to service and did not undergo aggravation during service. The Board found this decision was based on clear and unmistakable error (CUE).

The Board denied the veteran's increased rating claims for left shoulder impingement and lumbosacral strain, finding that the evidence did not support a higher evaluation under VA regulations.

The Board has determined that the veteran's lumbosacral strain warrants restoration of a 20 percent disability rating effective August 1, 2002.

The veteran's appeal is denied as his service-connected left knee instability does not warrant a rating in excess of 10 percent.

The veteran's claims for increased ratings and service connection were denied. The RO found that the evidence did not meet the criteria for a higher rating or service connection.

The veteran's claims for higher ratings for her cervical/trapezius strain, thoracic strain, and lumbosacral strain with disc disease are being remanded due to the submission of additional evidence.

The Board denied service connection for an acquired psychiatric disorder, including recurrent major depression, and for degenerative disc and/or joint disease of the lumbosacral spine. The veteran's current conditions are not shown to be related to her military service or a service-connected disability.,An increased evaluation for tendinitis of the right ankle was also denied.

The Board has determined that timely notice of disagreement was filed on the January 2002 denial of service connection for sleep apnea. The veteran's claim for service connection for diabetes mellitus, pes planus, and sleep apnea is being remanded for further development.

The veteran's service-connected conditions, including dysthymic disorder with generalized anxiety disorder and traumatic arthritis of the lumbosacral spine, did not render him unemployable prior to March 24, 2005. His psychiatric condition was considered moderate in nature, and his low back disability caused only slight limitation of motion.