Sleep apnea decisions — 2003

The veteran's claim for an increased rating for his service-connected lumbosacral spine disability was denied by the RO. The case is being remanded for additional development.

The Board denied the veteran's claims for service connection for hypertensive cardiovascular disease and spondylolisthesis of the lumbosacral spine.

The Board has granted a 40 percent rating for the veteran's lumbosacral spine disability and a separate 40 percent rating for his cervical spine disability, both effective since November 1, 1988.

The VA denied the veteran's claims for higher ratings for her cervical spine disorder and lumbosacral strain, both rated at 10 percent.

The case is being remanded to the RO for further development and review of the evidence in order to determine if an increased rating for lumbosacral strain should be granted.

The veteran's claim for an earlier effective date for a higher rating of his service-connected lumbosacral strain with lumbar disc disease was granted, and he is now receiving the maximum disability evaluation. The TDIU claim was also granted as of November 13, 1998.

The Board denied an increased evaluation for the veteran's service-connected recurrent lumbosacral strain, finding that a rating in excess of 40 percent is not warranted.

The Board has determined that the effective date for service connection of residuals of a lumbosacral microdiskectomy, with recurrent back pain and numbness of the right foot, and bilateral hearing loss should be July 1, 1999. The veteran's claims for increased evaluations are remanded to allow for further development.

The veteran seeks an increased evaluation for his service-connected bilateral retinitis pigmentosa. The Board has requested additional VA ophthalmologic examination to determine the current severity of his condition, but the requested visual field testing was not conducted as per the required specifications.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied because his only service-connected condition, lumbosacral strain with myositis, did not prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claims for increased evaluations for her service-connected lumbosacral and cervical muscle strain disabilities, finding that the evidence did not meet the criteria for a higher evaluation.

The VA denied the veteran's increased rating claim for chronic lumbosacral strain, currently evaluated as 40 percent disabling.

The Board has determined that the veteran's obstructive sleep apnea is not related to service, including any tobacco use or nicotine dependency acquired during service. Therefore, the claim for service connection is denied.

The Board has granted an initial evaluation of 20 percent for cervical spine disability and a 10 percent evaluation for lumbosacral strain, effective from June 9, 2002. The veteran's cervical spine disability was initially characterized as cervical strain but is now rated based on the criteria for severe limitation of motion.

The VA determined that the veteran's current sleep apnea was not incurred during active service and denied his claim for service connection.

The veteran's appeal has been dismissed as the appellant and his legal guardian have withdrawn their appeal.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for sleep apnea, back, neck and joint problems, heart disease, breathing problems, weight gain, and a seizure disorder due to VA medical treatment was denied. Claims for service connection were also denied.

The Board denied a compensable rating for the veteran's service-connected lumbosacral strain, finding that his current symptoms are caused by degenerative disc and joint disease of the lumbosacral spine rather than the service-connected lumbosacral strain.

The Board found no evidence of a back disorder during service and denied the veteran's claim for service connection as his current degenerative joint disease is not causally related to his active military service.

The Board denied the veteran's claim for an increased evaluation of his lumbosacral strain disability, finding that he failed to report for a VA examination without good cause.