Sleep apnea Board decisions

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a lumbrosacral disability, which was previously denied in March 1978. The decision will now be reviewed on its merits.

The Board has denied the veteran's claim for an increased disability rating for traumatic thoracic myelopathy and service connection for lumbosacral spine pain, status post laminectomy. The veteran is currently receiving the maximum schedular rating for his service-connected condition.

The Board denied the veteran's claims for increased evaluations for his service-connected conditions, including hypertensive arteriosclerotic heart disease, degenerative joint disease of the lumbosacral spine, arthritis of the right shoulder, maxillary sinusitis, and right inguinal hernia. The assigned disability ratings were not higher than what was currently in effect.

The Board has determined that the veteran's PTSD is service-connected, but his sleep apnea is not. The PTSD claim was granted based on a verified in-service stressor, while the sleep apnea claim was denied due to lack of evidence linking it to service.

The Board has remanded the case for additional development due to issues related to service connection for left hip disability and degenerative joint disease of the lumbosacrum as secondary to service-connected residuals of a left fibula fracture.

The veteran's service-connected myasthenia gravis and lumbosacral strain have been granted increased ratings, with the initial rating for myasthenia gravis set at 30 percent and the initial rating for lumbosacral strain also set at 10 percent, both effective from October 1, 2004.

The veteran's service-connected lumbosacral strain and left ankle sprain are currently rated at the maximum allowable evaluations, with no further increase granted.

The Board denied an increased rating for lumbosacral strain, finding that the veteran's symptoms are caused by a post-service herniated disk rather than his service-connected lumbosacral strain.

The Board denied the veteran's claims for service connection for residuals of a right eye injury, chest pain and shortness of breath including sleep apnea, and multiple noncompensable service-connected disabilities. The claim for left ear hearing loss was also denied as it is not possible to receive additional compensation due to already granted compensable ratings.

The veteran's appeal is being remanded for additional development and review of his claims for earlier effective dates.

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

The Board is remanding all three claims to the RO via the Appeals Management Center (AMC) for further action. The veteran has requested a videoconference hearing, and this must be scheduled before deciding these appeals.

The veteran's lumbosacral spine status post fusion with spondylolisthesis, degenerative arthritis, and degenerative disc disease with secondary peripheral neuropathy of bilateral lower extremities is rated as 40 percent for limitation of motion of the lumbar spine, 40 percent for incomplete paralysis of the right lower extremity, and 40 percent for incomplete paralysis of the left lower extremity.

The Board found that the veteran's left lower extremity neurological impairment is part of his service-connected intervertebral disc syndrome and thus does not warrant a separate rating. The effective date for the current 10 percent disability rating remains unchanged.

Additional evidence has been received since the last Supplemental Statement of Case, and this appeal is being remanded for further review by the RO.

The Board has determined that the veteran's lumbar spine disability warrants a maximum schedular rating of 60 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the veteran's service-connected low back disability is manifested by symptoms more closely approximating severe intervertebral disc syndrome with recurring attacks and intermittent relief. Therefore, a 40 percent rating is granted for this condition.

The Board found no evidence of a chronic lumbosacral spine disability or hearing loss in service, and the veteran's assertions regarding such were not supported by medical records. The Board denied all claims for service connection.

The Board denied the veteran's claims for service connection for a lumbosacral spine disorder, bilateral knee disorder, and chronic vestibulopathy. The claim for service connection for hearing loss was also denied.

The Board denied the veteran's claims for increased rating for lumbosacral strain and service connection for a right hip disorder and residuals of a gastric disorder due to use of nonsteroidal anti-inflammatory medications, finding that his disability did not meet or approximate criteria for higher ratings under either the old or amended schedule for rating spine disabilities.