Sleep apnea decisions — 2007

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence, as the medical records did not establish a causal relationship between his degenerative disc disease of the lumbar spine and his service-connected foot condition.

The veteran's claims for an increased rating for her service-connected lumbosacral strain and a total rating based on individual unemployability due to service-connected disability are being remanded for additional development of the record.

The Board denied the veteran's claim for a temporary total evaluation for surgery and treatment of dermatofibrosarcoma protuberans prior to May 1, 1995, as there was no legal basis for an earlier effective date.

The Board has found that the veteran's conditions, including basal cell carcinoma, pityriasis rosacea, warts, and cysts, have resolved. Therefore, service connection for these conditions is denied.

The veteran's appeal involves multiple issues including special monthly compensation, increased ratings for various conditions, service connection claims, and reopening of a claim. The case is being remanded to the RO for further action.

The VA denied the veteran's claim for an increased evaluation of his service-connected back disability, as the evidence did not show that it warranted a higher rating.

The veteran's claim for a higher evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional VA treatment records and notification about ongoing private chiropractic care.

The veteran's service-connected low back disability did not worsen to the extent that it precluded him from performing his job duties. The Board denied the veteran's request for additional vocational rehabilitation training as he was found rehabilitated in December 1998 and no current facts show any worsening of his condition.

The veteran's overpayment of disability compensation benefits was denied because the debt creation was not against equity and good conscience, as he had some fault in its creation.

The Board has remanded the veteran's claims of entitlement to service connection for PTSD and sleep apnea, as well as his increased rating claims for knee disabilities. The issues have been referred back to the RO for further development.

The Board has determined that the veteran's lumbosacral strain warrants a rating of 20 percent, effective from the date of the July 1995 rating decision.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and service department termination records. The TDIU claim will also be referred to the appropriate first line authority for consideration of an extraschedular rating.

The Board found that there is no evidence of a current sleep disorder related to the veteran's military service, and thus denied his claim for service connection for sleep apnea.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board denied the veteran's claims for a higher evaluation for lumbosacral strain syndrome and service connection for a neck disability, finding that his conditions did not meet the criteria for increased ratings or service connection.

The Board has determined that the veteran's lumbosacral strain warrants an increased rating to 20 percent, effective from the date of the claim.

The Board denied an effective date earlier than March 22, 1994 for the award of service connection for post-traumatic degenerative disc disease with spondylosis of the lumbosacral spine.

The case is being remanded for further development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's claims for increased ratings for his lumbar spine and cervical spine disabilities were denied as the evidence did not show that he experienced incapacitating episodes or ankylosis.,The veteran's claim for service connection for degenerative joint disease of the knees was denied as there was no competent medical evidence linking arthritis to his active duty service.

The Board has determined that the veteran's left shoulder and back disabilities are not related to service, and thus denied these claims.