Sleep apnea decisions — 2006

The Board has denied the veteran's claims for service connection for diabetes mellitus and obstructive sleep apnea as secondary to his service-connected coronary artery disease with hypertension.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for wedging of the lumbosacral spine at L2, residuals of a sacroiliac injury, migraine headaches, residuals of left shoulder injury, residuals of left knee injury, and left hip disability. The claims were denied on the merits.

The Board is remanding the case to provide additional VCAA notice and obtain private treatment records for the veteran's lumbosacral strain claim.

The Board denied the veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a current disability related to service.

The Board has decided to remand the veteran's claims for cervical and lumbosacral strain due to additional development of evidence, including a VA examination.

The Board granted a 20 percent initial rating for the veteran's bulging discs of the lumbosacral spine with arthritis, effective prior to April 23, 2002. The issue of TDIU remains on appeal.

The veteran's lumbosacral strain with myositis of the lumbar paravertebral muscles, L5 radiculopathy, and atrophy is rated as 60 percent disabling.

The Board has determined that the veteran's sleep apnea and infertility/sterility were not incurred in or aggravated by service, nor are they secondary to his service-connected diabetes mellitus. The claim for service connection is therefore denied.

The Board denied the veteran's claims for higher initial ratings for residuals of removal of epithelioid angiosarcoma with rib resection and paresis of the left flank musculature, finding that the evidence did not support a rating higher than 10 percent for the former condition or 20 percent for the latter.

The Board has remanded the case due to inadequate VCAA notice and a need for further examination.

The veteran's appeals for higher ratings for myofascial pain syndrome of the right shoulder, traumatic arthritis of the cervical spine, and lumbosacral strain have been denied. The current ratings are considered appropriate based on the evidence provided.

The Board found that the veteran's service-connected lumbosacral paravertebral myositis with mild degenerative joint disease and a bulging disc does not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board found that the veteran's lumbosacral strain did not meet or approximate the criteria for a higher rating, and thus denied his claim for an increased evaluation.

The Board has determined that service connection is granted for left ventricular hypertrophy as secondary to service-connected hypertension. Service connection for sleep apnea and PTSD are denied.

The veteran's appeal for an increased rating for lumbosacral strain was dismissed due to the death of the veteran during the pendency of the appeal.

The Board has ordered further development due to the appellant's failure to report for a VA examination and other procedural issues. The case is now remanded for additional development, including scheduling another respiratory examination.

The Board found no evidence linking the veteran's service to his cause of death, which was due to fatal cardiac arrhythmia, obstructive sleep apnea, and morbid obesity. The claim for service connection for the cause of death is denied.

The Board has determined that the veteran's DJD of the left knee, right knee, and lumbosacral spine are related to service. However, there is no evidence linking rheumatoid arthritis to service.

The VA determined that the veteran's lumbosacral strain with limitation of motion warrants a 20 percent disability rating, which is the maximum available under current criteria.

The veteran's claim for an effective date prior to March 21, 2000 for service connection of osteoarthritic changes of the lumbosacral spine is granted.,The veteran's claims for earlier effective dates for service connection of moderate right lower extremity weakness and TDIU are denied as there were no pending informal or formal claims prior to March 21, 2000.,The veteran does not meet the criteria for a total disability rating based on individual unemployability prior to March 21, 2000.