Sleep apnea decisions — 2007

The Board denied a rating in excess of 20 percent for the veteran's lumbosacral strain, finding that the disability did not meet or approximate the criteria for a higher evaluation.

The veteran's claim for payment or reimbursement of unauthorized medical expenses at Kaiser Permanente Medical Center is being remanded due to incomplete documentation and procedural issues. The case will be reviewed by the VAMC with additional evidence, including records from VA facilities and Kaiser, as well as clarification on the nature of the emergency and distances involved.

The VA determined that the veteran's service-connected low back disability, manifested by spinal stenosis at L3-4 and L4-5 with pain, did not warrant a rating higher than 10 percent prior to September 26, 2003. After this date, the disability was rated as 10 percent due to limited range of motion.

The veteran's claim for an increased evaluation of his service-connected lumbosacral spine disability was denied as the evidence did not show pronounced or severe intervertebral disc syndrome with recurring attacks and intermittent relief. The current rating of 20 percent is maintained.

The Board denied the veteran's claims for increased ratings for his service-connected status post mechanical lumbosacral sprain, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to January 9, 2004 and from January 9, 2004 forward.

The Board denied the veteran's claims for service connection for hearing loss and an increased evaluation for his lumbosacral spine disorder. The claim for hearing loss was denied as there is no evidence linking current hearing loss to military service, while the claim for a higher rating for lumbosacral spine disability was granted based on moderate incomplete paralysis of the sciatic nerve.

The Board has remanded the case for further development, including a VA examination to assess the veteran's spinal disabilities and arthritis/fibromyalgia. The issues of increased ratings for lumbar strain and cervical strain are pending, as is the issue regarding service connection for arthritis/fibromyalgia.

The veteran's PTSD is granted and rated at 70 percent since April 21, 2006. Service connection for hypertension, sleep apnea, seborrheic dermatitis, and anxiety (secondary to PTSD) are denied.

The Board has denied the veteran's claims for service connection for bilateral hip disability and degenerative disc disease of the lumbosacral spine on a direct basis, as well as his claim for an increased rating for right knee strain with torn ACL. The evidence does not support these claims.

The Board dismissed the appeal because the veteran did not file a timely substantive appeal.

The Board has determined that there is no competent medical evidence showing a relationship between the veteran's current sleep apnea and his time in service. As such, the claim for service connection for sleep apnea is denied.

The Board has determined that the veteran's fatal cancers, including laryngeal cancer, liposarcoma, and melanoma, were not caused or contributed to by his military service or any service-connected disability. The cause of death was therefore denied.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain, superimposed on spondylolisthesis, is being remanded due to the need for a video conference hearing.

The Board has remanded the case due to incomplete medical evidence and the need for VA examinations to determine if sleep apnea and restless leg syndrome are related to service, including Agent Orange exposure.

The veteran's cause of death, chondrosarcoma, may be related to his service-connected osteoarthritis of the spine. The VA needs to obtain medical records from SSA and provide a VA medical opinion on whether the veteran's conditions are related to his military service.

The Board has determined that the appellant's service-connected disabilities do not meet the percentage requirements for a total disability rating. The case is being remanded to obtain a more current and thorough examination of the appellant's ability to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board found that the veteran's sleep apnea is not proximately due to or aggravated by his service-connected disabilities, and thus denied the claim.

The veteran's claim for a higher evaluation of her lumbosacral strain is being remanded due to the need for new evidence and examination.

The Board found that the veteran does not have a lumbosacral strain secondary to an epidural anesthetic associated with his period of service, and therefore denied the claim for service connection.

The veteran does not meet the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his combined evaluation of 90 percent and lack of objectively demonstrated loss or use of either lower extremity.