Sleep apnea decisions — 2005

The veteran's claim for an increased evaluation for his lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining more recent medical records and providing the veteran with a supplemental statement of the case if necessary.

The VA determined that the veteran's low back disability, which is currently rated at 10 percent, does not warrant a higher evaluation based on the evidence provided.

The veteran's lumbosacral strain has not been manifested by more than moderate limitation of motion, and a rating in excess of 20 percent is denied.

The Board has remanded the case to obtain medical opinions regarding whether the veteran's current degenerative disc disease of the lumbosacral spine and right elbow injury are related to service.

The Board has determined that the veteran's sleep apnea is related to his service-connected hypertension, and therefore grants service connection for this condition. The other knee and ankle disabilities are not found to be directly related to service.

The RO granted a combined 80 percent rating for bronchial asthma with chronic sinusitis and sleep apnea, effective from April 1998. The veteran is seeking higher ratings.

The Board has remanded the case due to procedural defects in notification and evidence collection, including obtaining service medical records from 1980-1983 and additional treatment records.

The Board found that the veteran's service-connected cervical spine and lumbar spine disabilities do not warrant a rating in excess of 20 percent, as there was no evidence of significant limitation of motion or intervertebral disc syndrome.

The veteran's lumbosacral strain was previously rated at 20 percent, effective January 18, 1999. The RO increased the rating to 40 percent as of October 14, 2004.

The veteran's low back disability was initially rated at 10% and later increased to 20%. The Board found that from June 13, 1994 to October 19, 2005, the disability met criteria for a 20% rating. From October 20, 2005, it meets criteria for a 60% rating.

The Board has determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating in excess of 20 percent prior to September 26, 2003. The current evaluation of 20 percent is maintained.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his claimed disabilities.

The Board has determined that the veteran does not have a current diagnosis of peripheral vascular disease or sleep apnea, and there is no evidence linking these conditions to service. Therefore, the claims for service connection are denied.

The Board found that the veteran's claimed conditions are not due to disease or injury incurred in service, and thus denied his claims.

The Board has determined that the veteran is entitled to a 60 percent rating for his spondylolisthesis with degenerative disc disease and arthritis of the lumbosacral spine, but no more.

The veteran's combined disability rating of 40 percent has never been greater than the minimum schedular criteria for TDIU, as he does not meet the required percentage standards set forth in 38 C.F.R. § 4.16(a).

The veteran is seeking service connection for a low back disorder, diagnosed as degenerative disc disease of the lumbosacral spine. The case has been remanded due to insufficient medical evidence regarding the relationship between her current condition and active military duty.

The Board has determined that the veteran's service-connected low back disability warrants a 60 percent rating, effective from the date of his claim.

The Board has determined that the reduction of the veteran's disability rating for lumbar strain from 20 percent to 10 percent was proper and remains effective as of September 1, 2003.

The veteran is seeking service connection for sleep apnea, which he claims began during his military service in the Persian Gulf. The VA has requested additional evidence and an examination to determine if this condition had its onset during service or otherwise resulted from his active duty.