Sleep apnea decisions — 2007

The Board has remanded the veteran's claims due to changes in rating criteria for spine and scar disabilities, requiring readjudication under both old and new criteria.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for loss of use of a reproductive organ, finding that there was no evidence showing VA carelessness or negligence caused the disability.

The Board denied the veteran's claims for service connection for diabetes mellitus due to herbicide exposure and an evaluation in excess of 60 percent for his service-connected low back disability.

The VA denied the veteran's claims for increased ratings for his service-connected right hip fracture and lumbosacral spine arthritis. The RO found that the current evaluations of 20 percent were appropriate based on the severity of the disabilities.

The veteran's claims for increased ratings and TDIU prior to October 31, 1997 were granted. The effective date remains at the earliest possible date.

The Board has determined that the veteran's lumbar disc disease with lumbosacral strain and arthritis warrants a 40 percent rating since September 23, 2002 due to incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past twelve months.

The Board denied an initial rating higher than 10 percent for the veteran's degenerative disc disease of the lumbar spine with disc bulging and chronic lumbosacral strain, finding that her symptoms did not warrant a higher rating based on the criteria at the time.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by active service, nor is it caused, directly or indirectly, by his service-connected diabetes mellitus.

The Board denied the veteran's claims for increased ratings and service connection, finding that his tinnitus was related to service but not meeting criteria for an increased rating or separate disability ratings. The right knee and left knee disabilities were found to be rated appropriately under the applicable diagnostic codes. The lumbar spine disability did not meet criteria for a higher rating.

The Board found no evidence linking the veteran's hypertension, cardiomyopathy, and sleep apnea to his service-connected sarcoidosis. The claims were denied.

The Board denied the veteran's claims for service connection for peripheral neuropathy, DPN, and sexual dysfunction. The evidence did not support a finding of current disabilities or a link to service.

The Board has granted a 20 percent rating for the veteran's lumbosacral strain with DDD and degenerative changes of the dorsal spine, status post L5-S1 fusion since January 18, 2002.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was granted, with a rating of 40 percent effective July 26, 2005.

The Board granted a 10 percent rating for the veteran's service-connected lumbosacral strain and denied entitlement to a compensable rating for his residuals of removal of a right breast tumor.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and pulmonary tuberculosis (PTB) and bronchiectasis, finding no evidence to support higher evaluations based on the schedular criteria as in effect from September 26, 2003.

The Board found that the veteran's current lumbosacral spine condition is not related to his active duty service, including a 1974 automobile accident. The evidence did not support a finding of an etiological link between the veteran's in-service injury and his present disability.

The veteran's service-connected disabilities have been rated based on their current severity. The effective date for the increased ratings and service connection has been determined.

The Board denied the veteran's claims for service connection, increased evaluations, and effective dates related to his disabilities. The appeals were not granted.

The veteran's claims for increased ratings were denied as there is no factually ascertainable evidence demonstrating an increase in disability occurred prior to April 1, 2002.,The veteran's claims for increased ratings were denied as there is no factually ascertainable evidence demonstrating an increase in disability occurred prior to April 1, 2002.,The veteran's claims for increased ratings were denied as there is no factually ascertainable evidence demonstrating an increase in disability occurred prior to April 1, 2002.

The veteran's claim for an increased evaluation of his lumbosacral strain with degenerative disc disease was granted, and he is currently rated at 60 percent disabling.