Sleep apnea decisions — 2006

The VA determined that the veteran's lumbosacral strain with arthritis does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board has determined that the veteran's service-connected lumbar spine disability is shown to manifest with moderate limitation of motion and grants an increased evaluation to 20 percent effective from the date of the claim (as no specific effective date was provided in the decision).

The veteran is service connected for prostate cancer, rated as 60 percent disabling. The RO has granted a TDIU based on this disability. However, the issue of service connection for degenerative disc disease of the lumbar spine remains pending and must be remanded.

The Board found that the veteran's service-connected syncopal attacks did not warrant a higher disability rating, and his claim for service connection of sleep apnea was denied as there is no medical evidence linking it to his active duty service.

The Board has determined that the veteran does not have PTSD and therefore denied service connection for this condition. The claims for disability of the lumbosacral spine and right knee are addressed in a separate remand.

The veteran's claims for initial ratings in excess of 10 percent for service-connected lumbosacral and thoracic strain are being remanded to obtain additional evidence, including updated medical records and a VA examination.

The Board has determined that the veteran's sleep apnea is related to his service-connected left nasal septum deviation, which resulted from an inservice broken nose. Service connection for a cervical spine disorder was denied as there is no evidence of such condition during service.

The Board has determined that the veteran's sleep apnea is related to his active military service and grants the claim for service connection.

The Board denied the veteran's claim for an earlier effective date of October 30, 2002 for the grant of service connection for spinal stenosis/degenerative joint disease, lumbosacral spine. The decision was based on the fact that no communication or submittal concerning back disability had been received between the 1981 denial and October 30, 2002.

The Board found that the veteran's lumbosacral strain is service-connected, but not his congenital defect of the L5 vertebra. Service connection for a lumbosacral strain was granted.

The Board has reopened the veteran's claim for service connection for degenerative disc disease of the lumbosacral spine and is now considering whether new evidence supports this reopening.

The veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations.

The Board found that the veteran's chronic bilateral foot disorder to include pes planus was not incurred in or aggravated by active service, active duty, and active duty for training. The veteran's lumbosacral spine degenerative disc disease, degenerative joint disease and osteoarthritis were granted service connection with a 10 percent evaluation effective October 23, 2001.

The veteran's claim for an increased evaluation on an extraschedular basis has been remanded due to the need for additional development, including a VA examination and consideration of new evidence.

The Board has granted service connection for degenerative joint disease and scoliosis of the lumbosacral spine, finding that the veteran's account of his in-service activities as a paratrooper is credible. The left knee disorder was not addressed due to lack of information on the veteran's military service.

The veteran's claim for payment or reimbursement of emergency medical treatment in a non-VA facility on January 7, 2002 is denied as he had not received VA medical care within two years preceding the emergency medical care.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint and disc disease is being remanded due to the need for additional VCAA-compliant notice and development.

The Board has denied the veteran's claims for service connection for an enlarged prostate, obstructive sleep apnea, and a deviated naval septum with breathing problems due to lack of evidence linking these conditions to his military service.

The Board has determined that the veteran is entitled to a 20 percent disability rating for traumatic arthritis with degenerative disc disease of the lumbosacral spine, effective September 26, 2003.