Sleep apnea decisions — 2007

The veteran's claims for increased ratings for his lumbosacral strain and left knee disorder are being remanded due to the need for additional medical examinations.

The veteran's lumbosacral spine disorder is rated at 40 percent since February 12, 2003. The effective date for the grant of individual unemployability has been set at December 10, 2003.

The Board denied the veteran's request for an earlier effective date of March 13, 2003 for a 40 percent rating for his service-connected back disability. The RO had initially awarded him this rating on November 24, 2003.

The Board denied the veteran's request to reopen his claim of service connection for a low back disorder, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's current low back disability is not related to his military service and has denied his claim for service connection.

The Board denied the reopening of the claim for service connection for a lumbar spine disability due to lack of new and material evidence. The TDIU claim was also denied as the veteran has no service-connected disabilities.

The veteran seeks service connection for degenerative disc disease of the lumbosacral spine with spondylosis and post laminectomy syndrome. The RO denied his claim, and the Board has ordered remand due to incomplete medical records from a private physician.

The Board has decided to remand the veteran's claims for further development and examination due to incomplete service records, unverified in-service stressors for PTSD, and additional medical evaluations are needed.

The Board denied the veteran's claims for service connection for sleep apnea and obsessive compulsive disorder, finding no evidence of a nexus to service. The claim for hemorrhoids was also denied as there is no current diagnosis or symptoms warranting an increased rating.

The Board dismissed the appeal due to the appellant's withdrawal of his Substantive Appeal for a rating in excess of 10 percent for polymorphous light eruption. The claim for an increased rating for lumbosacral strain remains pending and is rated at 10 percent.

The veteran's claims for service connection for a skin rash of the left ankle and lumbosacral strain are being remanded due to inadequate notice regarding the definition of 'new and material evidence' as it relates to these claims.

The Board found that the veteran's back condition was not incurred or aggravated by service, and denied both his claim for service connection and his TDIU claim.

The Board has remanded the case for further development, including additional medical examination and VCAA compliance. The veteran's claims for a higher initial rating for his lumbosacral spine disorder and service connection for bilateral shoulder, elbow, and knee conditions are being considered.

The VA denied the veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative disc disease, finding that his current disability level is manifested by moderate limitation of motion of the lumbosacral spine and does not warrant a higher rating.

The veteran's appeal is being remanded due to the need for additional records and examination. The issues are about a higher evaluation for his lumbosacral spine disability and TDIU.

The Board denied the veteran's claims for increased ratings for his service-connected back disability and perforated left tympanic membrane. The back disability is currently rated at 10 percent, which was upheld.

The Board denied the veteran's claims for increased ratings for arthritis of the lumbosacral spine and hemorrhoids, finding that his conditions did not warrant higher disability ratings based on the evidence provided.

The Board denied the veteran's claims for service connection for PTSD, a right shoulder disorder, and bilateral hearing loss. The claim for degenerative disc and joint disease at L4-5 was granted with an initial rating of 40 percent but not more due to lack of evidence of ankylosis or other disabling conditions.

The Board denied the veteran's claims for increased evaluations for his service-connected bilateral hearing loss, tinnitus, left ankle disability, and left knee disability. The veteran was not granted any additional ratings.

The Board has determined that the veteran's claimed conditions, including peptic ulcer disease, diabetes, hypertension, heart attack, blisters and hives, upper and lower back problems, and breathing problems (COPD and sleep apnea), are not related to his active service or exposure to mustard gas. As such, these claims have been denied.