Sleep apnea decisions — 2006

The veteran's claim for an increased evaluation of his lumbosacral strain was denied due to his failure to appear for a VA examination scheduled in October 2005 without providing good cause.

The veteran's service-connected lumbosacral strain with residuals of lumbosacral surgery due to degenerative disc disease is currently rated at 40 percent, which approximates severe limitation of motion and other symptoms. The current rating adequately reflects the severity of his disability.

The VA determined that the veteran's degenerative disc disease of the lumbosacral spine, with a herniated disc, does not warrant a rating higher than 20 percent.

The veteran's earlier effective date claims for COPD and TDIU were decided, with the COPD claim granted but the TDIU claim denied.

The VA determined that the veteran's lumbosacral strain did not warrant a rating higher than 10 percent, as it did not meet the criteria for a disability rating in excess of this level.

The Board has found that the veteran's current lumbar spine disability is related to an in-service back injury, and thus service connection for this condition is granted.

The RO determined that the veteran's service-connected chronic lumbosacral strain does not warrant a higher rating than the current 20 percent, based on her symptoms and medical evidence.

The Board denied the veteran's claims for an increased rating for lumbosacral degenerative disc disease with spondylosis and denied his claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disability. The veteran was not granted any new ratings or effective dates.

The veteran's appeal is being remanded for further development and consideration, including obtaining medical records from private physicians and the Social Security Administration.

The veteran's cervical strain/sprain with elements of myofascial pain syndrome and lumbosacral strain are currently rated at 10 percent, but the Board finds that neither condition warrants a higher rating based on current evidence.

The Board has denied the veteran's claims for service connection for osteoarthritis of the knees and lumbosacral spine, finding that there is no evidence linking these conditions to his military service.

The Board has determined that the veteran's current sleep apnea, GERD and IBS are not related to service on a direct or secondary basis. Therefore, his claims for these conditions have been denied.

The evidence does not support a finding that the veteran's sleep apnea is related to his military service, including any exposure to asbestos or radiation. The Board finds no probative medical opinion linking the veteran's current diagnosis of sleep apnea to his period of active duty.

The Board denied the veteran's claims for service connection for sleep apnea and an increased rating for tinnitus, finding that there was no evidence linking his sleep apnea to active service or any other condition.

The veteran's claim for service connection for lumbosacral strain is being remanded due to the need to obtain additional medical records and provide proper VCAA notice.

The Board has granted a disability rating of 40 percent for the veteran's service-connected lumbosacral spine disorder, effective February 1, 2005.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has denied the veteran's claims for service connection for left leg, right leg, and lumbosacral spine disabilities due to a lack of evidence linking these conditions to his active duty.

The Board granted service connection for lumbosacral strain and low back pain, assigning a 10 percent disability rating effective February 25, 1997. The veteran's claim for an initial compensable rating for gastrointestinal problems secondary to the service-connected lumbar spine disability was not addressed in this decision.

The Board has granted an effective date of January 8, 1998 for a 40 percent evaluation for spondylolisthesis of the lumbosacral spine, L5 on S1 with disc space narrowing.