Sleep apnea decisions — 2005

The Board denied the veteran's claims for service connection for a cervical spine disability, lumbosacral spine disability, and shoulder disability. The evidence did not support a direct relationship between these disabilities and the veteran's active military service.

The Board denied the veteran's claims for service connection for cervical spine, lumbosacral spine, and shoulder disabilities due to lack of evidence supporting these conditions.

The veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and medical records, and providing notification under the VCAA.

The veteran's appeal is being remanded to determine if he has service-connected peripheral neuropathy of the lower extremities that is secondary to his service-connected back disability, and whether this condition, along with left foot drop, precludes him from locomotion without the aid of braces, crutches, canes, or a wheelchair. The veteran also seeks specially adapted housing or special home adaptation grant.

The veteran is seeking service connection for various conditions, including respiratory disorders, sleep apnea, hypertension, allergic rhinitis, benign prostatic hypertrophy, depression, PTSD, poor circulation in the left leg, and diabetes mellitus, all allegedly due to Agent Orange exposure. The Board has ordered additional development of his claims.

The Board denied the veteran's claims for increased evaluations and service connection, as well as an earlier effective date for a tinnitus rating. The issues of organic brain syndrome, hypertension (secondary to sleep apnea), anxiety disorder (secondary to organic brain syndrome), and residuals of fracture of the right femur are all in appellate status.

The Board found that the veteran's lumbar spine disability did not meet or approximate the criteria for a higher evaluation than 40 percent, as it did not result in ankylosis, bony fixation of the spine, residuals of vertebra fracture, incapacitating episodes, or neurologic involvement.

The Board has determined that the veteran's current lumbosacral spine disability, including residuals of a discectomy of the lumbosacral spine with degenerative changes, may be related to his in-service motor vehicle accident. Service connection is granted for this condition.

The Board denied an increased rating for the veteran's lumbosacral strain and degenerative joint disease of the lumbar spine with radiculopathy, finding that the evidence did not meet the criteria for a higher than 60 percent rating prior to December 9, 1994.

The veteran's reactive airway disease is rated at 30 percent, and he has been granted service connection for a small patent foramen ovale. Other claims of service connection are denied.

The veteran's appeal for increased ratings and an earlier effective date for TDIU was denied. The RO found that the veteran did not meet the schedular criteria for a higher rating from December 2, 1997 to January 8, 2001, and that he did not qualify for a permanent TDIU prior to January 9, 2001.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a nexus opinion regarding the veteran's psychiatric disorder and sleep apnea.

The veteran's service-connected back disability was reevaluated as 60% disabling, which did not meet the criteria for an extension of his eligibility period under Chapter 31.

The Board denied the veteran's claims for service connection for various conditions, finding that they were not incurred or aggravated by active service and are not related to nicotine dependence acquired during service.

The veteran's claims for increased ratings and service connection were denied as there was no evidence of current disabilities or that they are related to his military service.

The Board has determined that the veteran's post-service degenerative disc disease of the lumbosacral spine was neither incurred in nor aggravated by active service.

The Board has determined that the current rating decision denying a TDIU is not final and requires further development to ensure compliance with VA's duty to assist. The veteran's service-connected disabilities, including chronic lumbosacral strain, residuals of injury of the left knee with traumatic arthritis, bronchial asthma, and tinnitus, are being evaluated for their impact on his employability.

The veteran's claim for an increased evaluation of his lumbosacral strain with degenerative joint and disc disease is being remanded due to the need for additional medical examination and consideration of recent changes in VA rating criteria.

The Board has granted a 60 percent disability rating for the veteran's service-connected lumbosacral strain with myofascitis and disc strain at L5-S1, which is the maximum allowable under current criteria.