Sleep apnea decisions — 2005

The veteran's appeal for an increased rating beyond the granted 40% has been withdrawn, resulting in the dismissal of his case.

The Board has determined that the veteran does not have a current hiatal hernia or back disorder related to his military service. The VA examinations and medical records do not support a finding of service connection for either condition.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the sleep apnea service connection claim.

The Board denied the veteran's claims for increased ratings and effective date for service connection, finding that there was no communication or action indicating intent to pursue sarcoidosis since the last final disallowance in December 1982.

The veteran's right and left knee conditions have been granted service connection, with initial non-compensable ratings from January 2, 2001 to October 14, 2004. The RO has now assigned a compensable rating of 10 percent for each knee since October 15, 2004.,The veteran's lumbosacral strain was also granted service connection with an initial non-compensable rating.

The veteran's appeal is being remanded to obtain additional information and for further development.

The Board denied service connection for bronchitis and obstructive sleep apnea, finding no evidence linking these conditions to service. The veteran's current diagnoses were first noted years after discharge.

The Board found that the veteran's low back/tailbone disability was not incurred in or aggravated by active service and arthritis of the lumbosacral spine could not be presumed to have been incurred in or aggravated by active service.

The Board has determined that the veteran's current low back disability, including arthritis of the lumbosacral spine, is not related to service and cannot be presumed as a chronic disease within one year after separation from service.

The VA determined that the veteran's service-connected lumbosacral strain with degenerative changes warrants a 10 percent rating, which is the maximum available under current criteria.

The Board has granted service connection for degenerative arthritis of the lumbosacral and cervical spine, finding that the evidence is in relative equipoise as to whether this condition had its onset during active service.

The veteran's claims for service connection for lumbosacral strain and major depressive disorder were denied as the evidence did not support a finding of current disability or causation.

The Board found no evidence linking the veteran's degenerative disc disease and degenerative joint disease of the lumbosacral spine to service, resulting in a denial of these claims.

The Board denied the veteran's claims for service connection for bilateral knee disorder, sleep apnea, narcolepsy, and chronic fatigue syndrome. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has ordered the case remanded due to incomplete service records and need for additional medical opinions. The veteran's lower back disability is being reviewed again.

The veteran's disabilities, including degenerative disc disease of the lumbosacral spine and hypertension, do not meet the criteria for a permanent and total disability rating for pension purposes as they are not sufficiently disabling to prevent him from securing and following substantially gainful employment.

The Board has granted service connection for obsessive-compulsive disorder and denied service connection for post traumatic stress disorder and a low back disability. The veteran's current psychiatric condition is presumed to have been incurred during military service, while his low back disability is not considered service-connected.

The Board denied entitlement to an effective date prior to February 26, 1992 for the grant of service connection for right hip degenerative joint disease.,The Board also denied entitlement to an effective date prior to May 22, 1997 for the grant of service connection for lumbosacral strain, degenerative disc disease, and degenerative joint disease with radiculopathy.

The Board has granted service connection for cervical spine degenerative changes, finding that the current condition is reasonably due to in-service injuries and/or cannot be dissociated from other service-connected disabilities. The issue of service connection for sleep apnea remains pending.

The Board has determined that a VA examination is necessary to determine the nature, etiology, severity, and date of onset of the veteran's back disability. The case will be remanded for this purpose.