Sleep apnea decisions — 2007

The veteran's monthly disability compensation benefits are not sufficient to cover the appellant's expenses, and an apportionment would cause undue hardship on him. Therefore, the claim for apportionment of his VA disability benefits is denied.

The VA denied a higher initial rating for the veteran's service-connected lumbosacral strain with degenerative joint disease at L4-5, maintaining the current 20 percent rating.

The veteran's lung damage and respiratory condition are not considered to be caused by the treatment he received during his December 1999 VA hospitalization.,The veteran's sleep apnea is not found to have been caused or worsened by the treatment he received during his December 1999 VA hospitalization.

The Board has granted service connection for the cause of the veteran's death due to his service-connected disabilities, which contributed materially to his death. The appellant's claims for DIC under 38 U.S.C.A. �� 1151 and 1318 are dismissed as moot.

The veteran's major depressive disorder is currently rated at 30 percent, effective December 22, 2002. The RO has not granted a higher rating for this condition.,For her low back disability, the veteran was initially awarded a 10 percent rating in June 2004 and later revised to 30 percent in June 2005, both effective December 22, 2002. The RO has not granted a higher rating for this condition.

The Board has determined that the veteran's currently diagnosed bilateral hearing loss and tinnitus are not related to active service, while his postoperative residuals of lumbosacral spondylosis, right knee disability, and left knee disability may be linked to service. The claims for these conditions remain denied.

The Board found that the veteran's claim for service connection was not reopened due to lack of new and material evidence. The January 1987 rating decision denying service connection for residuals of back injury is also denied as there is no clear and unmistakable error.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral spine, left hip, and right hip disabilities. The claim for prostatitis was also denied as there is no evidence of current symptoms or disability.

The Board denied the veteran's claims for increased rating for lumbosacral strain, service connection on a secondary basis for bilateral hip, leg, knee, ankle, and foot conditions, reopening of previously denied claim for HNP L4-L5 status post-operative, and TDIU.

The Board has determined that additional development is needed to address the merits of the veteran's back disability claim, including obtaining service medical records and providing a VA examination.

The Board has denied the veteran's claims for service connection for hypertension and sleep apnea, finding that there is no medical evidence linking these conditions to his military service.

The Board denied service connection for sleep apnea and did not grant increased ratings for bilateral hearing loss prior to April 27, 2006. As of that date, the veteran's hearing loss was rated at 10 percent.

The Board has remanded the case for additional development, including obtaining SSA records and arranging for a VA examination to assess retinitis pigmentosa.

The veteran's chronic lumbosacral strain with radiculitis causes severe limitation of motion without specifically identified nerve involvement, and the Board has granted a 60 percent evaluation.

The Board has decided to remand the case for further development, including obtaining medical opinions regarding the veteran's sleep apnea and any acquired psychiatric disorder.

The Board found no evidence of retinitis pigmentosa in service and denied the veteran's claim for service connection.

The veteran's service-connected back disabilities do not render him unemployable as he is able to secure and follow a substantially gainful occupation.

The veteran's claims for higher ratings for chronic lumbosacral strain and peptic ulcer disease were denied as the evidence did not meet the criteria for a higher rating under VA's rating schedule.

The veteran's appeal is being remanded to the RO for further development, including scheduling a hearing before a Veterans Law Judge.

The Board denied increased disability ratings for lumbosacral strain and tinea versicolor, finding no evidence to support higher ratings under the applicable VA rating criteria.