Sleep apnea decisions — 2005

The Board has found the evidence sufficient to reopen the veteran's claim for service connection for prostatitis. The claims for arthritis of the lumbosacral spine, shoulders and knees, as well as hepatitis C remain on remand due to incomplete or insufficient evidence.

The Board found that the veteran's low back disorder was not incurred in or aggravated by active military service, nor is it secondary to a service-connected right leg fracture.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and thoracic and left trapezius strain, finding that the evidence did not meet the criteria for higher disability evaluations.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA medical center records.

The Board has determined that additional development is needed to determine if the veteran's low back disability is related to service, and has remanded the case for further action.

The Board denied increased ratings for the veteran's service-connected cervical strain and lumbosacral strain.

The veteran's service-connected conditions do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant.

The Board denied service connection for multiple joint disorders, including lumbosacral spine disorder, bilateral knee and hip disorders, bilateral foot disorder, and left shoulder disorder. The evidence did not support a finding of in-service injury or disease that led to these conditions.

The Board denied the veteran's claim for service connection for sleep apnea, finding that it was not incurred in or aggravated by active service and could not be attributed to an undiagnosed illness related to service in the Persian Gulf War.

The Board has determined that the veteran does not have any of the claimed conditions (diabetes mellitus, shortness of breath, poor circulation, or sleep apnea) attributable to military service. The evidence does not support a finding of service connection for these conditions.

The Board granted an increased rating to 40 percent for lumbosacral strain with degenerative disc disease effective March 1977. The veteran's right leg sciatic syndrome was also rated at 40 percent, effective March 25, 2003. The RO granted the veteran a permanent and total disability rating based on his service-connected back disability as of March 25, 2003.

The Board has remanded the case due to incomplete medical records and a need for additional examination regarding the veteran's claimed conditions.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and headaches, finding that the evidence did not meet the criteria for a compensable evaluation or an increase in rating.

The Board has determined that the veteran's low back disability warrants a 40 percent evaluation, effective from September 23, 2002.

The VA denied an increased evaluation for the veteran's lower back disability, currently rated at 40 percent.

The Board has granted service connection for arthritis of the cervical spine, but denied service connection for a chronic lumbosacral spine disability. The veteran is also awarded an initial 10% rating for his hemorrhoids.

The veteran's claims of service connection for diabetes mellitus secondary to sleep apnea and an increased rating for lumbosacral strain are being remanded due to the need for additional medical opinions.

The veteran's claims for an earlier effective date for service connection and a higher rating for PTSD were denied. The earliest possible effective date is September 26, 1996.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, a low back disability, and conjunctivitis of the left eye. The evidence does not establish that these conditions were incurred or aggravated by active military service.

The Board denied the veteran's claim for a rating in excess of 20 percent for his service-connected low back disability, finding that the evidence did not support such an increase.