Sleep apnea decisions — 2007

The Board found that the veteran's service-connected lumbosacral strain and cervical spine disability do not warrant a higher rating based on the current evidence of record.

The Board denied the veteran's claims for increased ratings and service connection, finding that his sleep apnea was incurred in service but not meeting current disability criteria for bilateral hearing loss. The thoracolumbar spine issues were addressed separately with a single rating assigned.

The Board has not found new and material evidence to reopen the claim of service connection for degenerative arthritis of the lumbosacral and cervical spines, but has determined that some issues may be granted based on reopening.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with disc disease is being remanded due to the need for a current examination to determine the severity of any neurological impairment associated with his disability.

The veteran's claim for an increased evaluation of his service-connected low back injury is being remanded due to the need for a more contemporaneous examination and additional medical records.

The Board denied the veteran's claims for increased rating for acne vulgaris, higher initial rating for PTSD, service connection for sleep apnea, and service connection for IBS as secondary to PTSD. The appeals were not about service connection at all.

The veteran's lumbosacral strain syndrome with degenerative changes at T11 and T12 was found to not meet the criteria for a higher evaluation than 10 percent.

The VA denied an increased evaluation for the veteran's service-connected status post laminectomy and declined to reopen his previously denied claim for service connection for a right knee disability.

The veteran's claims for higher initial ratings for cervical and lumbosacral spine disabilities were granted, with the effective date of March 26, 2002.

The Board has determined that the veteran's sleep apnea is related to his military service and grants service connection for this condition.

The Board has remanded the case for further development of evidence, including obtaining VA medical treatment records and scheduling the appellant for an orthopedic examination to determine if her low back/lumbosacral spine condition is related to service. The appellant's chronic headache disorder and sleep disorder are also being evaluated.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence of onset during service or a relationship to service.

The Board has determined that the veteran's low back disability warrants a rating of 20 percent, as it meets the criteria for such under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has denied the veteran's claim of service connection for low grade myxofibrosarcoma of the left lateral elbow as secondary to a service-connected sebaceous cyst with senile keratoses, finding that there is no evidence linking the condition to service or a service-connected disability.

The veteran's low back disability is currently evaluated as 20 percent disabling due to moderate limitation of motion, but does not meet the criteria for a higher evaluation under any applicable rating code.

The Board has determined that the veteran's current sleep apnea did not have its onset during service and is not related to her active service. Therefore, she does not meet the criteria for service connection.

The veteran's lumbosacral strain is manifested by pain and severely limited range of motion, with flexion to 20 degrees. The criteria for a 40 evaluation have been met.

The Board found that the veteran's claim for an earlier effective date for service connection of his lumbosacral spine disability was denied because there is no evidence of a prior compensation claim filed in 1976, and the veteran did not provide clear and unmistakable error (CUE) to challenge the finality of the January 1998 rating decision.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with spondylolysis is being remanded due to the need for updated examinations and additional records.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine degenerative disc disease and coronary artery disease, but granted a separate 10 percent rating for hypertension.