Sleep apnea decisions — 2005

The Board has denied the veteran's claims for an increased rating for his service-connected low back disability and entitlement to a total disability evaluation based on individual unemployability. The RO found that the veteran's current disability does not meet the schedular requirements for assignment of a higher disability rating.

The veteran's low back disorders, diagnosed as lumbosacral strain and intervertebral disc space narrowing of the L5-S1, are found to be service-connected.,A diagnosis of hemangioblastoma of the second cervical vertebra is noted. The examiner opined that it was not likely related to exposure to toxic gases.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's claims for service connection for sleep apnea and narcolepsy are pending.

The veteran's claim for glaucoma was denied as there is no evidence of current disability.,New and material evidence has not been submitted to reopen the skin disorder claim, including as due to herbicide exposure. The existing evidence does not raise a reasonable possibility of substantiating the claim.

The Board denied the veteran's claims for service connection for neurosarcoidosis and a temporary total rating based on hospitalization for nonservice-connected neurosarcoidosis in January and February 2000, finding that there was no competent medical evidence linking her neurosarcoidosis to service or her service-connected diabetes mellitus. The veteran's TTR claim is precluded by law as she was not hospitalized for her service-connected diabetes.

The Board found no evidence linking the cause of the veteran's death to any service-connected condition, resulting in a denial of the claim.

The Board has denied the veteran's claim for an increased rating for his lumbosacral strain, currently evaluated at 20 percent.

The veteran's peptic ulcer disease, arteriosclerotic heart disease, dysthymic disorder, right knee injury, and sleep apnea were not incurred or aggravated during his military service. The Board found that the lack of treatment for these conditions for many years after service weighs against their claims.

The veteran's service-connected chronic lumbosacral strain warrants a 40 percent evaluation, the maximum available under VA rating criteria. The claim for total disability based on individual unemployability due to service-connected disability is granted.

The veteran's low back disability was initially rated as noncompensable prior to November 1, 1995 and subsequently increased to a 20 percent rating effective November 1, 1995.

The VA medical records do not support the appellant's claims that the veteran died due to lack of proper medical care, insufficient nutrition, unnecessary surgery delays, or inadequate bathing. The Board finds no evidence to warrant compensation under Section 1151.

The Board found that the veteran's current head, cervical spine, and lumbosacral spine disabilities are not shown to be causally related to a disease contracted or injury sustained in service, including his already service-connected left thigh injury. Therefore, they were denied secondary service connection.

The Board found no evidence of a chronic back injury or disability during service and denied the claim for service connection as there was insufficient medical evidence to link the current condition to service.

The Board has remanded the case for further development and examination to determine if any of the veteran's claimed conditions are related to his service in the Persian Gulf War.

The veteran's claims for increased ratings and service connection were denied. The Board found that hypertension, epididymitis, plantar fasciitis of the right foot, plantar fasciitis of the left foot, post-operative meniscectomy of the left knee, hemorrhoids, and sleep apnea did not warrant higher ratings or service connection.

The Board denied the veteran's claims for increased rating and TDIU based on his service-connected lumbosacral strain with spondylolisthesis of L5, as there was no evidence that the condition resulted from VA medical care.

The Board has determined that the veteran's degenerative arthritis of the lumbosacral spine is at least as likely as not related to an injury sustained in service, and thus grants service connection for this condition.

The veteran's right ankle disability, cervical spine disorder, headaches, and bilateral shoulder disability were all granted service connection. The right ankle was increased to a 20% rating.

The Board has remanded the veteran's appeal due to a lack of consideration of lay statements and missing service medical records. The case must be returned for further development, including obtaining Army National Guard and Army Reserve medical and personnel records.

The Board denied service connection for COPD and sleep apnea, both claimed as due to radiation exposure. The VA examiner found no evidence of asbestos or asbestos-related disease in the veteran's case.