Sleep apnea decisions — 2000

The Board denied the appellant's claim for service connection for a low back disorder, finding that 'veteran' status has not been established for the claimed period of active duty for training or inactive duty for training in 1983 or 1984.

The Board found that the veteran's claims of service connection for arthritis of both feet and right ankle, as well as sleep apnea, were not well-grounded. The decision also noted that the veteran had a history of snoring during military service which was suggestive of sleep apnea.

The Board denied the veteran's claims for service connection for coronary artery disease, increased ratings for degenerative disc disease and hiatal hernia with gastroesophageal reflux and erosive esophagitis, and a compensable rating for bilateral defective hearing. The veteran's heart condition is not linked to service or a service-connected disability. His back disorder does not meet the criteria for a higher rating under Diagnostic Codes 5292 or 5393. His hiatal hernia with gastroesophageal reflux and erosive esophagitis meets the criteria for a 10% rating, but his hearing loss is noncompensable.

The Board has determined that the veteran is not entitled to an effective date earlier than January 14, 1999 for his service connection and compensation for a right ear scar and degenerative disc disease of the lumbosacral spine.

The Board denied increased ratings for lumbosacral strain and bilateral tinea infections, and declined to reopen a claim for service connection for a heart disorder. The veteran's attorney entered into an agreement in November 1999 but the requirements for payment of attorney fees from past-due benefits have not been met.

The Board denied the veteran's claim for service connection for liposarcoma and right leg disability, finding no competent evidence linking these conditions to active service.

The veteran's appeal is being remanded to the RO for scheduling a videoconference hearing at the earliest available opportunity.

The veteran's appeal is about his claim for a higher rating for his service-connected intervertebral disc pathology of the lumbosacral spine. The case has been remanded due to the need to obtain additional medical records and conduct further examination.

The Board denied service connection for residuals of head and thumb injuries, finding them to be the result of the veteran's own misconduct. Service connection was granted for osteoarthritis and degenerative disc disease of the lumbosacral spine with a rating in excess of 20 percent not being warranted.

The veteran's death was not caused by his service-connected disabilities. The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, and there is no entitlement to dependents' education benefits.

The Board denied the veteran's claim for service connection for a skin disorder, including chloracne, as secondary to Agent Orange exposure. The evidence did not establish that the veteran had chloracne or any other recognized condition related to herbicide exposure.

The Board has determined that the veteran's death was due to leiomyosarcoma, which is presumed to have been incurred during his military service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The Board has granted an effective date of July 16, 1986 for the assignment of a 10% disability rating for lumbosacral strain.

The Board has denied the veteran's claim for service connection for coccidioidomycosis of L2, residuals of a fracture of L2 with discogenic disease of the lumbosacral spine due to lack of competent medical evidence linking these conditions to service or his service-connected low back disability.

The Board dismissed the appeal because the veteran did not file a proper substantive appeal regarding his claim for an increased disability rating for service-connected spondyloarthropathy with involvement of the bilateral sacroiliac joints and lumbosacral spine.

The Board denied the veteran's claims for entitlement to an evaluation in excess of 10 percent for right ear hearing loss and a compensable evaluation for lumbosacral strain.

The veteran's claim for service connection for degenerative arthritis of the lumbosacral spine is being remanded due to insufficient examination findings. The case will be reviewed again after additional development, including obtaining medical records and scheduling a VA orthopedic examination.

The veteran's claims for service connection were denied in October 1995, and she did not appeal the decision. In June 1997, she submitted copies of her service medical records to reopen her claim, but the RO did not prepare a rating decision as there was no jurisdiction due to the finality of the previous denial.

The veteran's claim for an increased rating for her service-connected low back disability is granted, with a current evaluation of 40 percent.

The veteran's TDIU benefits were granted effective November 10, 1992, the date of his original claim for service connection. The effective date was later changed to December 31, 1997, when he submitted a formal application for TDIU.