Sleep apnea decisions — 2006

The Board found that the veteran's service-connected low back disability, manifested by complaints of pain and normal lumbar range of motion, does not meet the criteria for a higher rating than 10 percent.

The veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; he does not have an employment handicap.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain, left ankle disability, and left knee disability. The appeals were not about service connection.

The Board found that the veteran's current lipomas, fibromyalgia, and sleep apnea were not incurred or aggravated during service. The RO denied his claims for service connection in April 1982, which became final.

The Board denied the veteran's claim for service connection as his degenerative disc disease of the lumbosacral spine was not incurred or aggravated in his active duty service and is not presumed to be related.

The veteran's low back disability has been primarily manifested by pain on use with 90 degrees of flexion and mild neurological symptoms in each leg. The RO denied a higher rating, finding the condition did not meet criteria for an evaluation in excess of 20 percent.

The Board found that the veteran's lumbosacral strain did not meet the criteria for an evaluation in excess of 40 percent prior to September 26, 2003. Since then, it has not met the criteria for a higher rating.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and PTSD, maintaining their current disability ratings of 20 percent and 30 percent respectively.

The Board has remanded the case for further development due to incomplete notification and a need for VA medical examination.

The Board denied an increased disability evaluation for the veteran's lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board dismissed the appeal due to the veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claim for an initial rating in excess of 40 percent for his service-connected residuals of degenerative joint disease of the lumbosacral spine at L4-L5, finding that the evidence did not support a higher rating.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected low back disorder, finding that while he is unable to work due to his condition, it does not meet the criteria for TDIU as defined by VA regulations.

The Board finds that the criteria for a compensable disability rating for obstructive sleep apnea are not met, as there is no objective evidence of persistent daytime hypersomnolence and the veteran does not use his CPAP machine.

The Board has determined that the veteran's chronic lumbosacral strain is not related to his service and therefore denied his claim for service connection.

The Board denied the veteran's claim for an increased rating for her lumbosacral strain and did not address her Bell's palsy application to reopen. The RO previously denied both issues in June 2002 and February 2005, respectively.

The veteran's service-connected degenerative disc disease with spondylosis, lumbosacral spine is currently rated at 20 percent, which represents an increase from the initial 10 percent evaluation assigned in December 2002.

The veteran withdrew his appeals for increased ratings of his lumbosacral spine, right knee, and left ankle disabilities in a March 2004 letter.

The veteran was granted a 50% disability rating for sleep apnea effective December 5, 2001. The claim is denied as there is no legal basis to grant an earlier effective date.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for sleep apnea. The veteran's claim for service connection for bronchitis remains denied.