Sleep apnea decisions — 2006

The veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under the applicable rating criteria.

The Board granted a TDIU effective July 24, 1997. The veteran now seeks an earlier effective date.

The Board denied the veteran's claims for a higher disability rating for lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule. The claim was also denied for a temporary increase in disability rating from January 13, 2004 to February 6, 2005.

The Board has granted an effective date of March 21, 1997 for a 40 percent evaluation for the veteran's service-connected lumbosacral strain.

The VA determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher rating than 20 percent.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's service-connected lumbosacral strain with early degenerative changes was initially rated at 20 percent disabling. Beginning July 3, 2003, the disability is now rated as 40 percent disabling.

The Board has determined that the veteran's lumbosacral disability and sinusitis were not incurred in or aggravated by active service, and thus denied these claims.

The Board found that the appellant's service-connected lumbar strain disability does not warrant an evaluation in excess of 10 percent, and denied her claims for non-service-connected disability benefits.

The Board has remanded the case due to insufficient notice provided regarding disability ratings and effective dates for service connection claims.

The Board has denied the veteran's claims for extension of temporary total disability compensation, service connection for residuals of vasectomy, and a higher rating for bilateral plantar fasciitis. The claim for service connection for stomach condition secondary to medications taken for lumbosacral strain with degenerative disk disease is pending.

The Board denied the veteran's claim for a rating in excess of 10 percent for his lumbosacral strain prior to January 13, 2005 and granted him a 20 percent rating thereafter. The effective date remains pending.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to incomplete medical records. The RO must obtain updated treatment records from VA hospitals and request copies of any other relevant medical records.

The veteran's service-connected disabilities are of such severity as to preclude him from securing and following any form of substantially gainful employment consistent with his education and work experience, warranting a TDIU.

The Board denied the veteran's appeal for an earlier effective date of March 24, 1971, for service connection of thoracic back strain. The case was remanded to obtain additional development and evidence.

The Board finds that the preponderance of evidence is against finding that the veteran sustained lumbosacral fractures while in military service, and lumbar arthritis was not compensably disabling within one year of his separation from active duty. Therefore, residuals of lumbosacral fractures were not incurred in or aggravated by military service.

The veteran's PTSD is granted as it meets the criteria for service connection based on in-service stressors. The claim for sleep apnea remains pending due to insufficient evidence regarding its onset or etiology.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied because his service-connected disabilities do not meet the minimum percentage requirements under 38 C.F.R. § 4.16(a).

The Board found that the veteran's cervical spine condition is not proximately due to or the result of his service-connected lumbosacral strain. The claim for secondary service connection was denied.

The veteran's claims for increased evaluations and service connection were denied. The RO found that the schedular criteria for disability ratings did not meet the requirements under the applicable VA rating criteria.