Sleep apnea decisions — 2007

The Board has granted service connection for degenerative joint and disc disease of the cervical spine and degenerative joint disease of the thoracic spine, which represent complete grants of the benefits sought on appeal.

The veteran's service-connected bilateral pes planus disability is associated with degenerative arthritis of the hips, knees, ankles, and lumbosacral spine. However, the examiner determined that the bilateral pes planus did not cause the arthritis.

The Board has remanded the case for additional development, including obtaining medical records and verifying National Guard service.

The Board has determined that the veteran's claimed conditions, including cervical spine disability, diabetes mellitus, hypertension, sleep apnea, sarcoidosis, dizziness and fainting spells, pain in joints, leg cramps, anxiety and stress, and shortness of breath, were not incurred or aggravated by service. The decision is based on a finding that the current diagnoses are not related to service.

The Board found that the veteran's service-connected lumbosacral sprain/strain has been manifest throughout the appeal period by limitation of flexion to no less than 70 degrees and combined range of motion of the thoracolumbar spine at least 170 degrees. The disability does not meet criteria for a higher initial rating.

The veteran's claims for increased evaluations of PTSD and lumbosacral strain, as well as TDIU, are being remanded due to the failure to comply with VA's duty to notify and provide an adequate examination.

The Board has reopened the veteran's previously denied claim of service connection for lumbosacral strain due to new and material evidence, but the issue remains pending as it is not yet decided whether the condition was incurred or aggravated by service.

The Board found that the veteran's obstructive sleep apnea was not incurred in or aggravated by active service and denied his claim for service connection.

The veteran's combined disability rating is 60%, which does not meet the minimum schedular criteria for a TDIU under VA regulations. The RO denied referral to the Director of Compensation and Pension Service for consideration on an extraschedular basis due to lack of evidence showing unemployability.

The veteran's claim for an increased evaluation for lumbosacral strain is being remanded due to the need to adjudicate other service connection claims related to his spine. The case will be returned to the Board if any of these claims are granted.

The Board has ordered additional development due to incomplete service medical records and the need for a VA examination to determine if the veteran's current lumbar or cervical spine disorder is related to disease or injury shown in his service records.

The veteran's claim for an increased rating for his lumbosacral pain, status-post laminectomy is being remanded due to the need for additional evidence and a new examination.

The veteran's PTSD and psychiatric disorder were not incurred in or related to his military service.,Hypertension was not incurred in or related to the veteran's military service, but may be secondary to diabetes mellitus. The Board denied this claim as there is no evidence of encephalitis.,Heel spurs are not shown to have been caused by the veteran's military service and were not found to be related to his service-connected diabetes mellitus.,Encephalitis was not diagnosed in service or at any point after service, and thus cannot be granted as a service connection claim.,Sleep apnea was not diagnosed during service or at any point after service.

The Board denied the veteran's claims for a disability rating in excess of 20 percent for his lumbosacral strain, service connection for depression, and total disability rating based on individual unemployability. The claim for a compensable disability rating for a heart murmur was not addressed.

The veteran's death was not caused by a service-connected disability, and his surviving children do not meet the eligibility criteria for educational benefits under Chapter 35 of Title 38.

The veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his service-connected hip conditions, as well as any current vertigo. The claims will be reconsidered based on the new evidence.

The veteran's claim for an increased disability rating for his service-connected lumbar degenerative disc disease with a history of lumbosacral strain was granted, effective from August 25, 2004. The increase in evaluation to 30 percent is based on the date of receipt of his claim.

The Board has denied service connection for PTSD, hypertension, gastrointestinal disability, hemorrhoids, cervical spine disability, lumbosacral spine disability, and rash as the evidence does not support a finding of in-service incurrence or aggravation of these conditions.

The veteran's claims for service connection for various conditions were denied. The Board found no evidence of the presence or onset of these conditions during service, within a year after separation, or due to service-connected disabilities.

The veteran's claims for increased ratings for lumbosacral strain and service connection for a neuropsychiatric disorder secondary to his back disability have been denied. The Board found that the evidence did not support an increase in rating prior to April 25, 2005 or since then, and also concluded there was no medical basis linking the veteran's current neuropsychiatric disorder to his service-connected lumbosacral strain.