Sleep apnea decisions — 2007

The veteran's appeal is being remanded due to unclear evidence of his employability status and the need for a VA examination to assess his current employment capacity.

The veteran's claims for increased ratings for cervical spine, lumbosacral strain, and musculo-contracture headaches were denied as his conditions did not meet the criteria for a higher rating under the applicable VA rating schedule.

The veteran's claim for an increased rating for his service-connected lumbosacral spine injury is being remanded to the RO for scheduling a hearing before a local VA hearing officer.

The Board denied the veteran's claims for an increased rating for his lumbosacral disability and service connection for a cervical spine condition, finding that the evidence did not support higher ratings or service connection.

The Board found that the veteran's lumbosacral strain was not incurred during or aggravated by service and is not proximately due to a service-connected disability. As such, the claim for service connection was denied.

The VA denied an increased evaluation for the veteran's service-connected chronic lumbosacral strain with degenerative disc disease, currently rated at 40 percent. The evidence did not show unfavorable ankylosis of the spine or intervertebral disc syndrome.

The Board granted the veteran a 20 percent rating for his service-connected lumbosacral strain effective February 25, 1994. The Court vacated this decision and remanded it to the Board.

The veteran's claim for an earlier effective date for the grant of service connection for cervical spondylosis is denied.,An effective date of July 8, 1998 is granted for the assignment of a 60 percent rating for lumbosacral spine disorder.

The Board has determined that the veteran's current sleep apnea had its onset during service and is related to his military service, granting him service connection for this condition.

The Board has determined that the veteran's right ankle injury and degenerative joint and disc disease of the lumbosacral spine are not service connected.

The Board denied the veteran's claims for ratings in excess of 20 percent for lumbosacral strain prior to January 26, 2005 and for a rating in excess of 40 percent for lumbosacral strain beginning on that date.

The veteran's claim for an increased evaluation of his degenerative changes of the thoracic and lumbosacral spine is being remanded due to a need for additional development.

The Board denied the veteran's claims for service connection for various conditions, finding that they were not incurred or aggravated by his military service and are not due to a 'qualifying chronic disability.'

The Board has remanded the case due to the need to obtain the veteran's Social Security Administration disability file.

The Board denied the veteran's petition to reopen his claim for service connection for lumbosacral strain, finding that new and material evidence had not been submitted. The decision is based on the lack of medical evidence linking the current back disability to service.

The VA determined that the veteran's service-connected low back disability, which is currently rated at 20 percent disabling, does not warrant a higher rating as it only produces moderate functional impairment and better than 30 degrees of flexion.

The veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected disabilities and determine if he needs aid and attendance.

The veteran's spondylolisthesis of the lumbosacral spine has been rated at 40 percent since November 1999, but no higher. The evidence does not meet the criteria for a higher rating under the revised version of Diagnostic Code 5293 as it pertains to intervertebral disc syndrome.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine was incurred in service and is granted service connection.

The Board denied service connection for residuals of spondylosis of the cervical spine with radiculopathy and an increased rating for degenerative disc disease of the lumbosacral spine. The veteran's current neck disability was not incurred or aggravated in service, and arthritis may not be presumed to have been. For his lumbar spine disability, a higher rating than 40 percent is denied as there are no findings of pronounced intervertebral disc syndrome or unfavorable ankylosis.