Sleep apnea decisions — 2005

The Board has determined that there is no evidence to support the veteran's claims of service connection for insomnia and sleep apnea, as both conditions were not shown in service or for many years thereafter and are not related to any incident of service.

The Board found that the submitted evidence was not new and material, thus denying the veteran's claims for reopening his service connection for bronchitis with COPD, hypertension, and arthritis of the lumbosacral spine.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess his service-connected disabilities.

The Board denied all claims for increased ratings, finding that the veteran's conditions did not meet the criteria for higher evaluations under VA rating criteria.

The veteran's claims for increased evaluations for various service-connected disabilities are being remanded to the RO for additional development.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability were denied. The low back disability was rated at 40 percent, the headaches secondary to post-concussion syndrome at 10 percent.

The Board is remanding the case to the RO for further development due to procedural deficiencies in VCAA notice, including failure to properly inform the appellant of the evidence needed to substantiate his petition to reopen and VA's responsibilities under this law.

The Board found that the veteran's service-connected lumbosacral spine and right middle finger disabilities do not warrant a higher disability rating based on their current manifestations.

The Board has denied the veteran's claims for service connection for a sinus disorder, lumbosacral strain with neurological manifestations affecting the left leg, chloracne, and peripheral neuropathy of the hands and feet. The evidence submitted did not change the outcome of these decisions.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or upon housebound status was denied as he does not meet the criteria for either benefit.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease and degenerative joint disease. The remaining issues of entitlement to service connection for other claimed conditions are remanded for further development.

The veteran's service-connected disabilities have been rated appropriately based on the severity of his symptoms and medical findings.

The Board denied the veteran's claims for service connection for cardiomyopathy with ventricular arrhythmias, diabetes mellitus, obstructive sleep apnea, and congestive heart failure. The preponderance of the evidence did not support a finding that these conditions were related to his military service.

The veteran's appeal is remanded for additional development, including a VA orthopedic examination to determine the degree of impairment resulting from his lumbosacral spine disability. The claim will be reconsidered in light of both old and new rating criteria.

The Board denied the veteran's claims for an increased rating for lumbosacral strain with degenerative disc disease and a TDIU, finding that his service-connected disabilities alone did not preclude substantially gainful employment.

The Board found that the veteran's current psychiatric disorder did not originate in service and denied his claims for service connection for a cervical spine disability and lumbosacral strain.

The Board denied the veteran's claims for increased ratings for his service-connected right knee, left knee, and lumbosacral spine disabilities. The evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board found no evidence to support the veteran's claims for service connection of his left shoulder and low back disorders, as they are not shown to have been incurred in or aggravated by service.

The Board has remanded the case for further examination and evaluation of the veteran's hip, leg, and lumbosacral strain disabilities. The RO will obtain an orthopedic and spine examination to determine the current nature and severity of these conditions.