Sleep apnea decisions — 2003

The Board has determined that there is no current evidence to support an increased disability rating for PTSD or lumbosacral strain, and thus the appeal is denied.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for post-traumatic neurosis/conversion hysteria and lumbosacral strain. The case is being remanded for further development.

The veteran's left ear otitis media was incurred in service and is now granted. The back disorder, however, did not begin in service or due to a service-connected disability and is therefore not service connected.

The Board has determined that the veteran's scoliosis of the thoracolumbosacral spine, residuals of removal of a uterine tumor, and spinal meningitis are all service-connected. However, the cardiac disorder manifested by palpitations is not considered service-connected.

The Board denied the veteran's claim for an increased rating for his lumbosacral strain disability, finding that the current level of disability did not warrant a higher rating.

The case is being remanded for additional development due to new rating criteria consideration and the need for any relevant outstanding evidence submission.

The Board has ordered further development in the veteran's case, including additional evidence collection. The appeal is currently pending and will be remanded for further action.

The Board denied the appellant's claims for service connection for his variously diagnosed eye disorder, including bilateral macular degeneration, as they were not incurred in or aggravated by service.

The Board has ordered further development due to pending issues regarding service connection for a back disability, including lumbosacral strain, degenerative disc disease, and numbness of the right leg. The case is now remanded for additional consideration.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, which is the maximum schedular rating available under Diagnostic Code 5292.

The Board denied the veteran's claims for increased ratings for his service-connected cervical spine injury and lumbosacral strain, finding that the evidence did not meet the criteria for a rating in excess of 10 percent or 20 percent, respectively.

The Board denied the veteran's claims for increased evaluations of his lumbosacral spine injury and right scapula fracture, finding that the disability did not meet criteria warranting a higher evaluation.

The Board denied service connection for a chronic cervical spine disorder and denied an increased rating for lumbosacral strain with postoperative residuals of disc herniation.

The Board finds that the veteran's sleep apnea and sinusitis are not related to service or his service-connected tonsillectomy, and thus denied these claims.

The veteran's claims for increased rating, total disability based on individual unemployability, and special monthly compensation were denied. The Board found that the veteran did not meet the criteria for a 100% schedular rating due to his lumbar disorder or any other service-connected condition.

The veteran's service-connected low back disability is currently rated at 40 percent, and the Board has determined that a higher initial rating of 60 percent is warranted.

The VA determined that the veteran's lumbosacral strain with degenerative changes does not warrant an evaluation in excess of 20 percent.

The Board has remanded the case for additional development, including an examination and review of evidence to determine if the veteran's sleep apnea is related to his service or a service-connected condition.

The Board has denied the veteran's claims for service connection and higher evaluations for several conditions, including shortness of breath, chronic joint pain, arthritis of the right knee due to trauma, gastroesophageal reflux disease, degenerative changes of the lumbar spine, sleep apnea, and hemorrhoids.

The Board has granted the veteran's claim for service connection for a back disability, specifically lumbosacral strain, finding that it was incurred during active duty.