Sleep apnea decisions — 2006

The Board found no evidence that the veteran's current lumbar spine disability is causally related to his service or a service-connected shell fragment wound.

The veteran's service-connected conditions do not preclude substantially gainful employment.

The Board has remanded the case for additional development due to insufficient evidence regarding the relationship between the veteran's current lung disorders and his service, including exposure to Agent Orange.

The veteran's claim for increased evaluations of his lumbosacral strain disability was denied, with the RO maintaining a 10 percent evaluation for the period from October 6, 1993 to December 8, 1998 and denying any increase beyond that.

The Board denied the veteran's claim for service connection for residuals of a low back injury, finding that there was no medical evidence linking his current disability to service.

The Board finds that the effective date for a 40 percent rating for lumbosacral injury should be July 24, 2002, as this is when the entitlement arose. The veteran's claim was not received until February 9, 1999.

The VA denied a request for an increased rating for lumbosacral strain, maintaining the current 20% disability rating.

The veteran's prostatitis is currently rated at 30 percent, effective since June 30, 2005. Service connection for discogenic disease of the lumbosacral spine has been granted.

The Board has remanded the case for additional development due to new medical records received by the RO. The veteran's claim of increased evaluation and her attempt to reopen a secondary service connection claim are both under consideration.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the veteran for a VA examination to determine the etiology of his claimed disabilities.

The Board denied the veteran's claim for an effective date prior to May 24, 2000 for the grant of service connection for chronic lumbosacral strain with degenerative joint disease due to lack of a valid claim before that date.

The VA denied the veteran's claim for an increased rating for his service-connected low back disability, finding that the evidence did not show any incapacitating episodes or other factors warranting a higher rating.

The Board has determined that the veteran's chronic lumbosacral strain/sprain is service connected, but his hypertension was not incurred in or aggravated by active duty.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional examinations and development of medical records.

The Board denied the veteran's claims for service connection for sleep apnea, a skin disorder, a respiratory disorder, and a peripheral nerve disorder, all of which were related to an undiagnosed illness as a result of service in the Southwest Asia theater during the Persian Gulf War.

The Board found that the evidence did not establish a direct service connection for sleep apnea or heart condition, and thus denied both claims.

The Board has determined that the veteran's lumbosacral strain, including myofascial pain syndrome, warrants a 20 percent rating under the applicable criteria.

The veteran's lumbosacral spine disorder and myositis are rated at 40 percent, the highest possible rating under the old criteria. The Board has granted this evaluation as it is not in excess of what was previously assigned. For TDIU, the veteran meets the criteria due to his service-connected disabilities resulting from common etiology or single accident.

The veteran's service-connected lumbar spine disability was rated at 40 percent from October 17, 1996 to March 3, 2003 and from July 1, 2003 to the present. The Board found that his symptoms warranted a higher evaluation due to pronounced intervertebral disc syndrome.

The veteran's cervical/trapezius strain, thoracic strain, and lumbosacral strain with disc disease have been rated as 10 percent disabling since April 22, 1994, and increased to 20 percent disabling from December 23, 2002. The appeal is granted.