Sleep apnea decisions — 2006

The Board found that the veteran's back disability was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The veteran's request for additional vocational rehabilitation training was denied because he did not meet the requirements outlined in the regulations for reentrance into rehabilitation after being rehabilitated.

The veteran's PTSD is rated at 70 percent disabling, and his lumbosacral spine disability is rated at 40 percent disabling.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain with minimal spur and degenerative disc disease (DDD) is being remanded due to the need for additional development, including a VA examination.

The veteran's service-connected lumbosacral spine disability has been rated at 40 percent since September 23, 2002.

The veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy.

The veteran's appeal was denied for all issues, with the exception of his request to withdraw an appeal regarding right ulnar neuropathy.

The Board found that there is no competent evidence linking the diagnosed conditions to service, including any service-connected disabilities. Therefore, the claims for service connection were denied.

The Board has reopened the claim of service connection for retinitis pigmentosa due to new and material evidence submitted since the September 1996 rating decision. The claim will be further developed before deciding its merits.

The Board has denied the veteran's claims for service connection for lumbosacral strain, sleep apnea, hyperlipidemia, residuals of bilateral ankle strains, depression, a disability manifested by nose bleeding (manifested by nose bleeds), and narrowing of the disc space between C5-6 and C6-7. The Board found that these conditions are not related to service or do not meet the criteria for service connection.

The veteran's low back disability has not met the criteria for an evaluation in excess of 20 percent from November 25, 2002, and from March 23, 2004, for evaluations in excess of 40 percent.

The Board has remanded the case for further development due to insufficient medical evidence to decide whether the veteran is permanently and totally disabled from obtaining and retaining substantially gainful employment by reason of his service-connected left knee and right knee disabilities, and whether locomotion would be precluded without use of a left knee brace or without the use of a left knee brace and a cane.

The veteran's claim for an earlier effective date for a 60 percent evaluation for his low back disability was denied.,The veteran's claim for an earlier effective date for TDIU was also denied.,Service connection for the cause of death was not established.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for extra-schedular consideration. The August 2005 VA opinion indicates that the veteran is unable to secure or follow a substantially gainful occupation as a result of his back disability.

The Board has denied the veteran's claims for service connection for partial impotence, alopecia, and sleep apnea. The evidence does not support a finding that these conditions are related to service.

The veteran's cervical and lumbar spine disabilities are currently rated at 20 percent each, but the evidence does not support a higher evaluation.

The Board denied the veteran's claims for service connection for sleep apnea and initial evaluations for PTSD and IBS. The decision found that new evidence did not establish a direct or secondary relationship between these conditions and military service.

The Board has remanded the case to the RO for further development, including obtaining VA examination reports and treatment records. The veteran's claim for service connection for a back condition will be reconsidered based on all available evidence.

The Board has granted service connection for a cervical spine disability and a lumbosacral spine disability, finding that these conditions were incurred in service.

The veteran's claim for service connection for sleep apnea is being remanded due to the need to obtain medical records. The claim for disability benefits pursuant to 38 U.S.C.A. § 1151 for impotency resulting from prostate surgery is also being remanded.