Sleep apnea Board decisions

The Board found that the veteran's current back disability is not related to his active military service and denied his claim for service connection.

The Board has determined that the veteran does not have a disability due to impaired hearing for VA purposes and his tinnitus is not related to service. The claim for lumbosacral strain, to include as secondary to a service-connected left foot disorder, is remanded for further development.

The veteran's sleep apnea claim resulted in a 50 percent evaluation, effective December 9, 2002.,Service connection for allergic rhinitis was granted with an effective date of March 14, 2002.

Throughout the rating period, the veteran's degenerative disc disease of the lumbosacral spine was manifested by severe limitation of motion and moderate neurologic deficit. The current evaluation of 60 percent is appropriate given these findings.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the veteran's current retinitis pigmentosa is reasonably shown to have resulted from disease or injury in service, and thus service connection for this condition is granted.

The veteran's lumbar spine disability is rated at 60 percent, the highest available under the old rating criteria for lumbosacral strain.

The Board denied the veteran's claims for service connection for diabetes mellitus, lumbosacral strain, right ankle disorder, and left ankle disorder due to lack of new and material evidence. The other issues were not addressed as they are remanded.

The veteran's lumbosacral strain with degenerative disc disease, status post S1 foraminotomy and laminotomy is rated at 40 percent prior to September 23, 2002. From that date, he is entitled to a separate rating of 10 percent each for right and left lower hypesthesia due to lumbosacral strain with degenerative disc disease, status post S1 foraminotomy and laminotomy.

The Board has remanded the case due to incomplete information and evidence, requiring additional examinations and development of records from Social Security Administration.

The Board has denied the veteran's claims for service connection for diabetes mellitus and obstructive sleep apnea as secondary to his service-connected coronary artery disease with hypertension.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for wedging of the lumbosacral spine at L2, residuals of a sacroiliac injury, migraine headaches, residuals of left shoulder injury, residuals of left knee injury, and left hip disability. The claims were denied on the merits.

The Board is remanding the case to provide additional VCAA notice and obtain private treatment records for the veteran's lumbosacral strain claim.

The Board denied the veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a current disability related to service.

The Board has decided to remand the veteran's claims for cervical and lumbosacral strain due to additional development of evidence, including a VA examination.

The Board granted a 20 percent initial rating for the veteran's bulging discs of the lumbosacral spine with arthritis, effective prior to April 23, 2002. The issue of TDIU remains on appeal.

The veteran's lumbosacral strain with myositis of the lumbar paravertebral muscles, L5 radiculopathy, and atrophy is rated as 60 percent disabling.

The Board has determined that the veteran's sleep apnea and infertility/sterility were not incurred in or aggravated by service, nor are they secondary to his service-connected diabetes mellitus. The claim for service connection is therefore denied.

The Board denied the veteran's claims for higher initial ratings for residuals of removal of epithelioid angiosarcoma with rib resection and paresis of the left flank musculature, finding that the evidence did not support a rating higher than 10 percent for the former condition or 20 percent for the latter.

The Board has remanded the case due to inadequate VCAA notice and a need for further examination.