Sleep apnea decisions — 2003

The Board has determined that the veteran's claims for increased ratings for right shoulder and low back disabilities have been denied as there is no evidence to support higher disability ratings under applicable rating criteria.

The Board has denied the veteran's claims for a rating in excess of 40 percent for lumbosacral disc pathology, service connection for a skin disorder, and TDIU.

The VA determined that the veteran's service-connected lumbosacral/dorsal spine disorder does not warrant a higher rating than the current 20 percent evaluation.

The Board found that the veteran was not exposed to ionizing radiation during service and his degenerative arthritis of the lumbar spine, with lumbosacral strain, and COPD are not related to service. The claims for service connection were denied.

The veteran's appeal is being remanded due to procedural and substantive changes in the law, including a need for compliance with the Veterans Claims Assistance Act (VCAA), obtaining additional medical records, and considering updated rating criteria. The case will be returned to the RO for further action.

The veteran's claims for service connection and initial ratings for various disabilities were denied. The only granted claim was for a higher rating of lumbosacral strain.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 20 percent.

The Board has granted the petition to reopen a claim of service connection for hypertension, claimed as secondary to PTSD. Service connection is also granted for a lumbosacral spine disorder, claimed as secondary to PTSD. The evaluation of tinea cruris remains at 10 percent.

The Board found that the veteran's current diagnosis of sleep apnea was not incurred in service and denied his claim for service connection.

The Board has granted a 40 percent rating for the veteran's service-connected low back disability, which is the maximum available under VA regulations.

The Board found no evidence of a current low back disability, hypertension, or scoliosis related to service. The veteran's failure to report for scheduled VA examinations prevented the Board from considering these issues.

The veteran's claims for an increased evaluation and earlier effective date for VA compensation were denied. The Board found that the evidence did not show receipt of a claim prior to November 27, 1998, and that the current rating assigned was appropriate.

The Board found no evidence linking the veteran's current degenerative disc disease of the lumbosacral spine to his military service, and denied his claim.

The veteran's claims for service connection and increased rating have been remanded due to the need for additional development.

The veteran's appeal is being remanded due to the need for additional evidence and information from him.

The Board has determined that the appellant does not have any claimed disorders due to undiagnosed illness and thus, service connection cannot be established for sleep apnea, sleep disturbance, fatigue, chronic muscle and joint pain, gastrointestinal disorder, or sexual problems.

The Board has determined that the appellant's degenerative disc disease of the lumbosacral spine was incurred during service and granted service connection for this condition.

The veteran's appeal is being remanded due to the need for additional development and compliance with the VCAA.

The veteran's degenerative disc disease of the lumbosacral spine at L4-5 and L5-S1 is currently rated as 40 percent disabling, but does not meet the criteria for a higher evaluation.

The veteran's service-connected myositis of the lumbosacral spine is rated at 40 percent, and his varicose veins are currently rated at 10 percent. The appeal for increased ratings has been granted.