Sleep apnea decisions — 2007

The Board denied the veteran's claims for increased ratings for plantar fasciitis and lumbosacral strain due to his failure to report for VA examinations scheduled in February 2005.

The Board has determined that the veteran does not have a lumbosacral spine disability, an ankle or foot disability (other than right foot fracture residuals), or a knee disability that is attributable to his active military service. The claims are therefore denied.

The veteran's appeal is being remanded to the RO for scheduling a video hearing at the Cleveland RO. The issues of service connection and increased rating are inextricably intertwined, so they must be deferred until the increased rating claim is resolved.

The Board has determined that the veteran's leiomyosarcoma with surgical disarticulation of the left hip did not manifest during service and is not related to his active duty service or any service-connected condition. As a result, the claim for service connection was denied.

The Board denied service connection for muscle damage to Muscle Group XIX and lumbosacral strain, finding that there was no evidence of a current disability or in-service injury.

The Board has determined that the preponderance of evidence is against the appellant's claim for restoration of a 40 percent evaluation for lumbosacral strain, and thus the reduction was proper.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The VA denied the veteran's claim for an increased rating for her thoracolumbosacral strain with degenerative disc disease, as it did not meet the criteria for a higher evaluation.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain and degenerative disc disease, finding that the evidence did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Board found that the veteran's current sleep apnea is not related to service and denied his claim for service connection.

The Board has determined that the veteran's service-connected lumbosacral strain does not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 10 percent disability evaluation, and his service-connected degenerative arthritis of the left knee does not warrant an initial rating in excess of 10 percent.

The veteran is found to be in need of regular aid and attendance due to his disabilities, but lacks the basic requirement for housebound status.

The Board has remanded the case for further development, including obtaining medical records and conducting VA examinations to determine the severity of the veteran's service-connected back disability and whether there is a separate disability of the dorsal spine.

The veteran's appeal is being remanded for further development due to insufficient examination results regarding his left wrist disorder and lumbosacral strain with arthritis.

The Board found that the appellant's current back disorders were not incurred or aggravated by service and denied his claims for service connection.

The Board found that the veteran does not have asbestosis or any other disease associated with asbestos exposure, and thus denied service connection for asbestosis. For special monthly pension, the Board determined that the veteran is not in need of regular aid and attendance due to his disabilities.

The Board denied the veteran's claims for service connection for chest pain, sleep apnea, fatigue, and uncontrolled jerking and twitching of muscles as a result of an undiagnosed illness. The Board found no current disability related to these conditions.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the veteran's claimed obstructive sleep apnea with restless legs syndrome, including whether it is related to service or service-connected conditions. The appeal will be remanded for this purpose.

The veteran's claim for an increased rating for dysthymic disorder was granted, but the effective date of the grant is denied. The case regarding lumbosacral strain with degenerative joint disease has a denial due to lack of evidence prior to November 19, 1996.