Sleep apnea decisions — 2006

The Board found that the veteran's current low back disability did not originate in service and is not related to any incident of service. The claim for service connection was denied.

The Board denied service connection for an acquired psychiatric disorder, a chronic gastrointestinal disorder, and a chronic prostate disorder. Service connection was also denied for bilateral hearing loss, Hepatitis C, and sleep apnea.,Service connection was not granted for PTSD or tinnitus due to insufficient evidence.

The Board found that the veteran's preexisting pes planus did not worsen during service, and thus denied his claim for service connection. The Board also determined that he did not have any current disabilities involving the lumbosacral spine, cervical spine, hips, knees or ankles due to disease or injury incurred in service.

The veteran's initial claim for a higher rating for his lumbosacral strain with degenerative disc disease was granted, but the maximum schedular rating of 40 percent is not warranted as there were no incapacitating episodes during the appeal period.

The Board has determined that the veteran's lumbosacral strain is related to his active service and grants service connection for this condition.

The Board has ordered a new VA examination to determine if the veteran's service-connected disabilities render him unemployable, considering all of his conditions together.

The Board has remanded the case for additional development, including obtaining medical records and personnel information. The veteran's claim for service connection will be reviewed based on the evidence obtained.

The Board found that the veteran's current psychiatric disability (other than PTSD) and sleep disorder were not incurred in or aggravated by active service. The veteran was denied service connection for these conditions.

The Board has remanded the case for further development due to incomplete medical records and need for additional examinations.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing VCAA notice. The veteran's claim will be reconsidered based on the new evidence.

The veteran's service-connected degenerative disc changes of the lumbosacral spine are currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Board has determined that the veteran does not have sleep apnea that is causally related to his military service and therefore denied his claim for service connection.

The Board found that the veteran's service-connected lumbosacral strain does not warrant a disability rating in excess of 40 percent, as it is manifested by mechanical low back pain and limitation of motion without unfavorable ankylosis or associated neurological signs.

The Board denied increased ratings for lumbosacral strain and bilateral leg and foot tendomuscular strain with fibrosis, but granted the reopening of a claim to service connect a right knee strain (also claimed as a Baker's cyst/synovitis).

The Board has granted service connection for the veteran's migraine headaches, right wrist disorder, lumbosacral strain/injury, and left shoulder disorder. The decision also addressed evaluations for these conditions, with some issues being granted initial or increased ratings.

The veteran's low back disability was rated at 10 percent from May 19, 2001, to March 25, 2006. From March 26, 2006, the rating was increased to 20 percent.

The Board of Veterans' Appeals has determined that the veteran's lumbosacral strain and arthritis are not due to any event or incident during his period of active service, and thus denied his claim for service connection.

The Board has determined that the veteran's appeal is dismissed as he withdrew his claims for service connection of eczema, including claimed as secondary to herbicide exposure; entitlement to an earlier effective date for service connection of peripheral neuropathy of left lower extremity and entitlement to an earlier effective date for service connection of peripheral neuropathy of right lower extremity.

The Board has denied the veteran's claims for service connection for sleep apnea and hypertension, as well as his claim for an increased evaluation for hemorrhoids. The evidence does not support a finding that these conditions were incurred in or aggravated by service.