Sleep apnea decisions — 2007

The Board has reopened the veteran's claims for service connection for sleep apnea and narcolepsy, but further development is needed before these claims can be adjudicated.

The Board found no current diagnosis of sleep apnea and denied the veteran's claim for service connection. The initial compensable disability evaluation for bilateral hearing loss was granted, but the veteran contends his condition has worsened.

The Board denied service connection for the veteran's claimed upper and lower back disorders, finding that they were not incurred or aggravated by his military service.

The VA determined that the veteran's low back disability with mild degenerative changes and narrowing of the lumbosacral disc spaces does not warrant an evaluation in excess of 20 percent.

The Board has determined that a VA examination is needed to determine the etiology of the veteran's sleep apnea and whether it is more likely than not related to service. The case will be returned for further development.

The Board has determined that the veteran's November 2004 statement did not constitute a timely substantive appeal of the April 2001 denial of service connection for sleep apnea, acne, and PTSD. As such, the claims remain denied.

The veteran's combined disability rating is 80 percent, and the VA medical opinions indicate that her service-connected disabilities do not preclude substantially gainful employment.

The Board found that there is no competent evidence linking hepatitis to service, and thus denied the veteran's claim for service connection.

The Board has remanded the issues of service connection for sleep apnea and bilateral knee disabilities due to additional evidentiary and procedural development.

The Board has determined that the veteran's heart disability, hypertension, and sleep apnea are not related to his military service. The evidence does not support a finding of in-service disease or injury leading to these conditions.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, assigning a non-compensable disability rating (10%) effective from May 28, 2004. The current rating is 10%.

The Board found that the veteran's pre-existing low back disability was aggravated during active service, and granted service connection for a chronic low back disability.

The veteran's claims for increased ratings and effective date issues were denied. The Board found that the evidence did not meet the criteria for higher ratings or earlier effective dates.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA neurological examination to consider the potential application of Note (1) of Diagnostic Code 5243.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and records.

The Board has granted a 40 percent rating for post-operative residuals of a herniated disc in the lumbar spine, effective October 3, 2002. The veteran's right lumbosacral radiculopathy is rated at 20 percent.

The Board has determined that further development is needed for the veteran's claims of service connection due to radiation exposure, asbestos exposure, and other conditions. The case is being remanded for additional examinations and opinions.

The veteran's appeal is remanded due to the need for additional medical examination and development of claims.

The Board has remanded the case for further development to determine if service-connected conditions contributed to the veteran's death.

The Board has determined that the veteran's peripheral neuropathy of the lower extremities and arthritis are not related to service, including any exposure to Agent Orange or Camp Lejeune. The claims have been denied.