Sleep apnea decisions — 2006

The veteran's claims for left ankle, lumbosacral spine, and thoracic spine disabilities were denied as they did not have their onset during active military service or due to exposure to any presumptive conditions.

The VA determined that the veteran's service-connected lumbosacral spine injury does not warrant a rating higher than 10 percent.

The veteran's claims for increased evaluations for temporomandibular joint dysfunction and lumbosacral spine disorder have been granted, with a 10 percent evaluation assigned for each condition.

The Board has granted a 40 percent disability rating for the veteran's low back disability, effective February 14, 2006.

The Board has determined that the veteran's low back disability, described as herniated nucleus pulposus status post laminectomy & discectomy, lumbosacral spine, was not incurred in or aggravated by his active duty service.

The Board has determined that the veteran does not have a current diagnosis of sleep apnea and there is no evidence linking his service-connected residuals of Caldwell-Luc procedure to any current disability, including sleep apnea. Therefore, the claim for service connection for sleep apnea was denied.

The Board has denied the veteran's claims to reopen his service connection for lumbosacral strain and bilateral pes planus as no new and material evidence was received.

The Board found no evidence to support the veteran's claims of service connection for chronic lumbosacral strain and left knee disability, both claimed as secondary to his service-connected right knee injury. The claim for an increased rating for residuals of right knee injury was also denied.

The Board has remanded the case due to the need for additional medical examinations and review of records.

The Board has determined that the veteran's lower back pain during service was an acute and transitory injury related to lifting heavy objects, and there is no evidence of chronicity. The Board also found no nexus between current lumbosacral strain or degenerative disc disease and service.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C. § 1318 because the veteran did not meet the requirement of having a total service-connected disability rating for at least ten years prior to his death.

The Board found no evidence of a chronic back condition during service and concluded that the veteran's current low back pain is not related to his military service. The claim for service connection was denied.

The veteran's right knee disability is rated at 40 percent, and service connection for his low back disorder due to aggravation of a pre-existing condition by the service-connected knee disorder is granted.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease does not warrant a higher rating as his disability is currently evaluated at 40 percent.

The veteran's service-connected disabilities, particularly his back and leg disorders, render him unable to protect himself from the hazards or dangers incident to his daily environment. The Board finds that he is in need of regular aid and attendance.

The Board has determined that the veteran's lumbosacral spine disability warrants a 60 percent rating as of March 30, 1998.

The Board has denied the veteran's claims for service connection for sleep apnea and temporomandibular joint (TMJ) dysfunction as there is no medical evidence to support that these conditions began during his period of active service.

The Board denied the veteran's claims for service connection and increased ratings for various conditions, finding that there was no clear evidence of aggravation by service or other medical evidence linking these conditions to his military service.

The Board found no evidence linking the veteran's current lumbosacral spine and cervical spine disabilities to his period of service, thus denying these claims.

The Board has denied the veteran's claims of service connection for migraine headaches, chronic cervicodorsal sprain, and chronic lumbosacral sprain. The claim for an initial evaluation of service-connected bipolar disorder type II in excess of 10 percent is remanded.