Sleep apnea decisions — 2006

The VA determined that the veteran's lumbosacral strain does not meet the criteria for an evaluation in excess of 10 percent, as there is no evidence of moderate limitation of motion or other symptoms warranting a higher rating.

The veteran's appeal is being remanded for further development, including a new VA examination and the acquisition of recent medical records. The issues on appeal are service connection for a sciatic nerve disability and an increased rating for lumbosacral strain with osteoarthritis.

The veteran's appeal is being remanded for further development, including a VA examination to assess his lumbosacral spine disability and consideration of both old and new rating criteria. The effective date issue will also be deferred pending resolution of the increased rating claim.

The Board has decided to remand the case for further development due to additional evidence and argument received from the veteran.

The VA determined that the veteran's low back disability, which is currently rated at 40 percent disabling, does not warrant an increased rating. The evidence did not show any significant neurological impairment or incapacitating episodes requiring bedrest prescribed by a physician.

The Board has granted an effective date of March 17, 2000 for a 40 percent evaluation for the service-connected lumbosacral strain. The veteran's claims for increased evaluations for his radiculopathy and lumbosacral strain are pending.

The Board has determined that the veteran's sleep apnea and fatigue are not related to his military service, with the exception of chronic fatigue syndrome being presumed due to his service in the Persian Gulf War. The preponderance of evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board denied service connection for a back disability on the basis that there was no evidence of a nexus between the current condition and military service.

The Board has denied the veteran's claim for service connection for sleep apnea, finding that there is no competent evidence of its onset during military service.

The veteran withdrew his appeal concerning issues 2 through 9, leaving only the claims for major depressive disorder and whether new and material evidence has been received to reopen a claim of entitlement to service connection for diabetes mellitus.

The Board denied service connection for sleep apnea as secondary to service-connected bronchial asthma and did not address the claim for an initial rating in excess of 30 percent for bronchial asthma.

The Board has granted an initial evaluation of 10 percent for the veteran's service-connected lumbosacral strain prior to August 29, 2005 and increased the evaluation to 20 percent effective from that date.

The Board has remanded the case due to the need for additional evidence and an examination.

The Board denied service connection for degenerative joint disease of the lumbosacral spine and a right ankle disability, finding that there was no evidence linking these conditions to service.

The Board has remanded the case for additional development due to incomplete records and outdated examination reports.

The veteran withdrew his appeal for the claims of service connection for diminished sex drive, gastroesophageal reflex disorder (GERD), aching joints, ulcers, COPD, hypertension, conjunctivitis, sleep apnea, melanoma, and dermatitis. The claim for PTSD remains pending.

The Board has determined that the veteran's sleep apnea and hypertensive cardiovascular disease are not related to his military service or a service-connected condition.

The Board denied the veteran's claim of service connection for a lumbosacral disorder in April 1989, and the motion to revise this decision on grounds of CUE was denied.

The veteran's adhesive pericarditis and lumbosacral strain with a history of spondylolisthesis are not rated higher than the current evaluations.

The Board denied an increased evaluation for bronchitis and degenerative joint disease of the lumbosacral spine, finding that the veteran's symptoms did not meet the criteria for a higher rating.