Sleep apnea decisions — 2005

The veteran was awarded a 60 percent evaluation for lumbosacral strain effective March 29, 2001 and TDIU effective May 9, 2001. The RO assigned earlier effective dates based on the evidence of record.

The veteran's service-connected conditions do not meet the criteria for a certificate of eligibility for financial assistance in the purchase of an automobile and adaptive equipment or for adaptive equipment only.

The veteran's combined evaluation for nonservice-connected disabilities is 50 percent disabling, which does not meet the criteria for a pension award. The RO found that the veteran was not unemployable due to his current nonservice-connected conditions and therefore denied his claim.

The Board granted a 40 percent rating for the lumbosacral/dorsal spine disability effective from June 8, 2000.

The veteran's cause of death was not service-connected, and his service-connected disabilities did not contribute substantially or materially to his death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board denied the veteran's claims for service connection of a low back disorder as secondary to his shell fragment wounds and an evaluation in excess of 10 percent for his dorsal spine disability. The evidence did not support a finding that these conditions were related to his service-connected injuries.

The veteran's claim for an increased evaluation for his lumbosacral myofascial pain/osteoarthritic degeneration with radicular symptoms was denied by the Board, as the evidence did not support a rating in excess of 20 percent.

The veteran's lumbosacral strain was initially rated as noncompensable prior to April 13, 2004. Since that date, he has been assigned a 10 percent rating.

The Board has remanded the veteran's claims for increased evaluations and initial evaluations, directing that all necessary development be completed before further adjudication.

The Board has determined that the veteran's service-connected low back strain results in severe limitation of motion, warranting a 40% rating.

The Board has determined that the veteran's chronic thoracic and lumbar spine injury residuals, including degenerative changes and lumbosacral strain, were incurred during wartime service.

The veteran's appeal is being remanded for further evaluation and adjudication due to unclear characterization of his service-connected lumbosacral spine disability, including degenerative disc disease.

The Board denied the veteran's claims for service connection for a deviated septum and sleep apnea syndrome, finding that there was no competent evidence to support these conditions as incurred in or aggravated by service.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain and neurodermatitis, finding that the evidence did not warrant a rating in excess of 10 percent under the applicable VA rating criteria.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative changes was granted, and he is now rated at 20 percent. Separate ratings of 10 percent each were assigned for peripheral neuropathy in both lower extremities.

The veteran's PTSD and lumbosacral spine disability were granted increased ratings, while his left ear hearing loss was denied.

The Board has remanded the case for further development and consideration under both old and new rating criteria.

The Board has remanded the case for further development, including obtaining private medical records and a VA examination to address the veteran's sleep disorder claim.

The Board denied the veteran's claims for service connection for bilateral knee disorder, degenerative disc disease of the lumbosacral spine (secondary to left thigh disorder), rosacea, and blepharitis and trichiasis in both eyes. The claim for service connection for a left hip disorder was also denied.

The Board has decided that further development is needed before a decision can be issued on the merits of the claim for service connection for sleep apnea. The veteran claims she first manifested symptoms of sleep apnea in service and her treating physician provided an opinion supporting this claim.