Sleep apnea Board decisions

The veteran's service-connected disabilities have been of such severity as to preclude all forms of substantially gainful employment, and the Board finds that she meets the criteria for a TDIU.

The Board has determined that the veteran's lumbosacral disc disease warrants a combined rating of 60 percent, based on separate ratings for orthopedic and neurological manifestations.

The VA determined that the veteran's degenerative disc disease and lumbosacral strain do not warrant a rating higher than 40 percent.

The Board denied the veteran's increased rating claims for scoliosis of the lumbosacral spine and scoliosis of the thoracic spine, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board denied the veteran's claim for service connection for lumbosacral strain (claimed as a back injury) due to lack of medical evidence linking the current disability to his period of active military service.

The VA has determined that the veteran's service-connected lumbosacral strain warrants a 10 percent evaluation, effective from April 1986. However, this rating is for his service-connected condition only and does not include any non-service connected herniated nucleus pulposus.

The Board found that the veteran's back injury in service was acute and transitory, and a continuing disability was not then present. The veteran is receiving the maximum schedular evaluation for residuals of dislocated nose with myalgias, myalgia, and allergic rhinitis.

The Board denied the veteran's claims for increased evaluation of his lumbosacral strain with traumatic arthritis, finding that he did not meet the criteria for a higher rating under the applicable schedular criteria.

The Board denied service connection for coronary artery disease, deviated nasal septum, sleep apnea, and chronic renal insufficiency due to lack of evidence linking these conditions to service. The veteran's military records are unavailable.

The veteran's appeal is being remanded for a new VA examination and consideration of the disability under both old and current rating criteria.

The Board denied the veteran's claims for higher ratings for his service-connected low back disability and right proximal tibia scar, finding that the evidence did not support a rating in excess of 20 percent for the spine condition or a rating in excess of 10 percent for the benign tumor.

Service connection for migraines and stomach disorder (claimed as gastritis and spastic colon) was denied.,Service connection for left ear hearing loss, right ankle fracture residuals, pes planus, thoracic spine disorder, kidney stones, sinusitis/rhinitis/allergies, benign prostatic hypertrophy (BPH), skin tumors (presumed due to herbicide exposure), arteriosclerotic heart disease (ASHD), and sleep apnea was denied.,Service connection for right ankle fracture residuals was granted.

The Board denied the veteran's claim for a higher rating for his service-connected lumbosacral strain, with disc disease and degenerative arthritis. The RO had previously granted service connection and assigned a 10 percent initial rating in April 1998, which was increased to 20 percent in October 1998, and finally to 40 percent in December 1998. The Board found that the veteran's disability did not warrant an evaluation higher than 40 percent under the applicable criteria.

The Board found that the veteran's lumbosacral strain and lumbar disc disease do not meet criteria for a higher rating, but granted an increased rating to 20 percent.

The Board found no evidence of a current diagnosis of fungus on the head, face, and neck. The veteran currently has acne rosacea and actinic keratosis, but there is no medical opinion linking these conditions to his active duty service.

The Board has remanded the case due to the need for additional medical opinions regarding service connection for spinal injuries and headaches.

The Board has remanded the case to the RO for further development, including scheduling a Travel Board Hearing.

The veteran's chronic lumbosacral strain was initially rated at 10 percent prior to July 15, 2004 and increased to 20 percent effective July 15, 2004.

The veteran's service-connected low back disability was granted a 20 percent evaluation effective February 5, 2004. The bilateral flatfoot condition received a noncompensable rating prior to February 5, 2004 and a 20 percent rating effective that date.

The Board has determined that the veteran's service-connected lumbosacral strain with L4 arthritis and L4-S1 disc disease warrants a rating of 40 percent from October 1988, but not in excess of this.