Sleep apnea decisions — 2007

The veteran's service-connected disabilities, including lumbar spine injury, tinea versicolor, and right and left lower extremity radiculitis, do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development due to recent treatment records and a need to consider evidence submitted by the veteran.

The veteran's service-connected disabilities, including atherosclerosis, coronary artery bypass, left total knee arthroplasty and arthritis, ichthyosis vulgaris, right knee degenerative joint disease with arthritis, hypertension, lumbosacral spine degenerative disc disease, bilateral pes planus, right knee instability, iritis, impotence associated with atherosclerosis, and degenerative joint disease of the left elbow, preclude him from securing or following a substantially gainful occupation.

The VA denied an increased rating for lumbosacral strain prior to October 8, 2004, as the evidence did not meet the criteria for a higher evaluation.

The Board has requested additional information from the appellant regarding his cervical and lumbosacral strain conditions, which he claims are related to his service-connected right shoulder tendonitis. The case is being remanded for further development of these issues.

The Board has ordered the case remanded for consideration of an extraschedular rating due to potential application of 38 C.F.R. � 3.321(b).

The veteran's service-connected lumbosacral strain does not preclude him from securing and following a substantially gainful occupation.

The Board has determined that the veteran's lumbosacral strain and intervertebral disc syndrome do not warrant a rating in excess of 20 percent.

The veteran's back disability was initially rated at 10 percent prior to May 28, 2002 and increased to 30 percent effective May 28, 2002. Since January 26, 2001, the disability has been rated at 40 percent.

The veteran's claims for increased ratings and TDIU have been remanded due to the need for additional development, including consideration of extraschedular considerations.

The veteran's appeal for an increased rating for lumbosacral strain has been dismissed as the appellant withdrew her appeal.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the Los Angeles, California RO. The issues of whether new and material evidence has been received to reopen a claim for service connection for lumbosacral strain with limitation of motion of the lumbar spine, entitlement to service connection for depression, entitlement to service connection for PTSD, and entitlement to service connection for diabetes mellitus, type II are pending.

The Board has determined that the veteran's bilateral compound hyperopic astigmatism and low back disability were not incurred during active service, thus denying his claims for service connection.

The Board denied the veteran's claims for increased disability evaluations for his service-connected conditions, finding that the evidence did not support ratings higher than the current 30 percent for status post right arm fracture with residual ulnar neuropathy.

The Board has determined that the veteran does not have PTSD and his depression is secondary to a non-service-connected condition (sleep apnea). The veteran's headaches are also not service connected.,Service connection for PTSD, depression, and headaches cannot be established as they are not related to military service.

The Board has decided that a VA examination is needed to determine the nature and etiology of any currently present lumbar spine disability, including whether it is related to service.

The veteran's claims for service connection for multiple conditions, including stomach/digestive disorder (claimed as GERD and dyspepsia), migraine headaches, TMJ syndrome, lower urinary tract disorder, erectile dysfunction, malignant melanoma, and obstructive sleep apnea have all been denied. The Board found no evidence of these conditions being related to service or a service-connected disability.

The veteran's service-connected disabilities, specifically including his PTSD, are found to be of such severity as to preclude him from obtaining or retaining substantially gainful employment.

The Board has vacated the December 2006 decision and remanded the case for readjudication. The veteran's attorney, along with the Secretary of VA, filed a Joint Motion for Remand requesting that the Board's decision be vacated due to evidence indicating marked interference with employment caused by service-connected disabilities.

The Board found that the evidence submitted after the October 2002 rating decision is not material because it does not relate to an unestablished fact necessary to substantiate a claim and does not raise a reasonably possibility of substantiating the claim. As a result, the veteran's application to reopen his claim for service connection for a lumbosacral sprain was denied.