Sleep apnea decisions — 2005

The veteran's appeal is being remanded to the RO for scheduling a hearing at the RO in St. Louis, MO before a Veterans Law Judge.

The Board has reopened the veteran's claim for service connection for degenerative arthritis of the lumbosacral spine. However, the evidence does not support a finding that this condition is related to active service.

The veteran's claims for increased ratings were dismissed due to his death.

The Board has denied the veteran's claims for service connection for a seizure disorder, residuals of post polio syndrome, and obstructive sleep apnea as these conditions are not related to his active military service.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, which is the maximum disability rating available under the old criteria. The condition is characterized by severe limitation of motion due to pain.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination to evaluate his back disability under the new rating criteria. The issues of increased rating for lumbosacral strain and service connection for an acquired psychiatric disorder are pending.

The Board denied the veteran's claims for service connection for bipolar disorder, obsessive-compulsive disorder, bulimia nervosa and borderline personality disorder. The claim for an increased evaluation of urethritis was also denied.

The Board has granted an increased evaluation of 60 percent for the service-connected low back disability and awarded TDIU. The veteran's service-connected disability renders him unable to secure or follow a substantially gainful occupation.

The veteran's claim for an increased disability rating and earlier effective date for service connection were denied. The initial disability rating of 10 percent was upheld, and the effective date remained at August 28, 2002.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination to determine if the veteran's current lumbosacral strain is related to active service.

The Board found no medical evidence linking the veteran's lumbosacral strain or headaches to his period of service, and thus denied both claims.

The Board found that the veteran's current sleep apnea did not begin during service and was not caused by any incident of service. The claim for service connection for sleep apnea is denied.

The veteran's appeal is being remanded due to the need for further examination and consideration of service connection for degenerative disc disease of the lumbar spine, which may be secondary to his service-connected lumbosacral strain. The issue of an increased rating for his lumbosacral strain is also pending.

The veteran's appeal was denied for entitlement to higher ratings for PTSD and lumbosacral spine disabilities. The appeals were based on the severity of his service-connected conditions, but no specific exposure basis or presumption was mentioned.

The Board denied the veteran's claims for service connection for a psychiatric disability and an increased evaluation for lumbosacral strain, finding that neither condition was attributable to his service-connected lumbosacral strain or active military service.

The Board denied the appellant's request to reopen his claim for service connection for a lumbosacral spine condition, finding that new and material evidence had not been presented since the May 1994 RO decision.

The Board has determined that the veteran's suicide was caused by his service-connected chondroblastic osteosarcoma of the pelvis, which is presumed to be due to exposure to Agent Orange. The cause of death is therefore considered service-connected.

The Board denied the veteran's claim for service connection for a lumbar spine disability, finding that there was no direct evidence linking his current condition to his active duty service. The examiner opined that any degenerative disc disease and spondylosis were unrelated to the injury in 1996.

The Board has determined that the veteran's arthritis of the lumbosacral spine is service-connected, with no dispute over other issues.

The Board denied the veteran's claims for service connection for lumbosacral spine disc disease, hepatitis C, and a left shoulder disorder. The claim for service connection for gastric ulcer was granted with an initial rating of 20 percent.