Sleep apnea decisions — 2003

The veteran's claim for an increased rating for his lumbosacral strain with degenerative disc disease at the L5-S1 level is being remanded due to new evidence submitted by the veteran and other procedural issues.

The veteran's claim for a higher rating for his service-connected chronic lumbosacral strain is being remanded due to the need for additional medical records and examinations.

The Board denied an increased rating for the service-connected chronic lumbosacral strain and also denied a total rating based on individual unemployability.

The Board found that the veteran does not suffer from sleep apnea or exposure to asbestos related to his service and denied both claims.

The VA granted a 10 percent evaluation for the veteran's dermatofibrosarcoma and partial excision of the right labia majora, effective June 19, 2000. The veteran also raised claims for service connection for breast cancer and TDIU.

The Board has ordered further development in the veteran's case due to pending issues and requested evidence. The appeal is currently on hold for additional review.

The veteran's claim for an initial evaluation in excess of 20 percent for a lumbosacral spine disability is being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling an orthopedic examination.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the nature and severity of the veteran's disabilities. The claims for service connection and increased rating are pending.

The Board found that the veteran's right shoulder, thoracic spine, and lumbosacral spine disabilities were not incurred in or aggravated by active service.

The Board has denied the veteran's claims for service connection for disabilities of the cervical and lumbosacral spine, finding no evidence of in-service injury or disease that could be linked to his current conditions.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by service and may not be presumed to be associated with exposure to Agent Orange. As a result, the claim for service connection is denied.

The Board has determined that additional development is needed for the veteran's claims, including new examinations and obtaining SSA records. The case will be returned to the RO for further action.

The Board has determined that new and material evidence has been submitted to reopen the claims for PTSD and sleep apnea, but has not found sufficient evidence to grant service connection for these conditions.,Service connection was denied for obesity and asthma.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 40 percent, and denied his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has granted service connection for chronic lumbosacral strain/sprain syndrome, finding that the veteran's condition is related to a service-connected injury.

The veteran's service-connected lumbosacral disc disease and bilateral hip degenerative joint disease have been rated based on their severity. The rating for the lumbar spine condition has varied from 20% to 60%, while the hip condition was initially rated at 10% but reduced to non-compensable.

The Board has denied the veteran's claims for service connection and initial ratings for his disabilities, finding no current disability of the eyes for which service connection may be granted.

The Board denied service connection for PTSD and sleep apnea, finding that the veteran's claimed stressors were not verified and thus did not meet the criteria for establishing service connection.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine and spondylosis and degenerative disc disease of the cervical spine. Service connection is denied for bilateral knee disability and left ankle disability.

The Board found that the veteran's current lumbosacral degenerative disc disease was not incurred in or aggravated by active military service and denied his claim for service connection.