Sleep apnea decisions — 2005

The Board has ordered the RO to schedule a neurologic examination for the veteran and review her claims folder again after completion of the examination. The decision remains adverse if service connection is not warranted.

The Board found that the reduction in the evaluation from 40 to 20 percent for the service-connected lumbosacral strain was not proper and is void ab initio.

The Board has granted service connection for fibromyalgia with polyarthralgia and chronic sleep apnea/hypoapnea, finding that the veteran's conditions first manifested in service and are related to his military service.

The Board found no evidence to support the veteran's claims of service connection for degenerative joint disease (DJD) of the lumbosacral spine and left leg/knee disability, both secondary to her service-connected left ankle sprain. The Board concluded that these conditions are not related to her service-connected condition.

The Board has found that the veteran currently suffers from sleep apnea and neuropathy, which are not related to his service-connected valvular heart disease. The preponderance of evidence does not support a link between these conditions and service or any period thereafter.

The Board denied the veteran's claims for an increased disability rating for his service-connected low back strain and service connection for foot fungus, finding that there was no evidence of exceptional or unusual circumstances warranting extraschedular consideration and concluding that the dermatitis of the feet is not related to military service.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with limitation of motion is being remanded due to the need for a comprehensive VA examination and consideration of revised rating criteria.

The veteran's appeals for increased evaluations have been withdrawn, and no allegations of error remain.

The case is being remanded for further development and a videoconference hearing before a Veterans Law Judge at the RO.

The Board granted an initial disability rating of 40 percent for the service-connected low back disability on and after January 15, 2003. The veteran's right knee arthritis is rated at 10 percent.

The veteran's lumbosacral strain with degenerative disc disease has been rated at 40 percent since December 17, 1999. The RO found that the condition met the criteria for a 40 percent rating based on severe limitation of motion.

The Board has determined that the veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease warrants a rating of 20 percent, effective from March 12, 2003.

The Board denied the veteran's claims for increased evaluations and service connection, finding that the evidence did not meet the criteria for higher ratings or service connection.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 40 percent, as it did not meet the criteria for more severe disability or ankylosis.

The Board has determined that the veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or adaptive equipment only.

The Board has determined that the veteran does not currently have a disability resulting from perirenal hematoma. However, service connection is granted for polyarteritis nodosa as it is due to his service-connected hepatitis B.

The Board has determined that the veteran's sleep apnea and gastroesophageal reflux disease (GERD) were not incurred in or aggravated by service. The claim for GERD was denied as there is no evidence of a diagnosis during service, while the claim for sleep apnea was denied due to lack of medical evidence establishing a relationship between the current condition and service.

The Board has granted service connection for sleep apnea, finding it secondary to the appellant's deviated septum from military service. The need for aid and attendance due to a right lower extremity disability is also granted.

The Board found that the veteran's back disorders, including degenerative disc disease of the cervical spine and lumbosacral strain, were not related to her service. The VA examinations and medical records did not support a link between her current conditions and any incident in service.

The Board denied service connection for low back disorder, right knee disorder, hypertension, tuberculosis, and psychiatric disorder. The veteran's claims were not supported by competent evidence of a nexus between the current disabilities and his military service.