Sleep apnea decisions — 2007

The Board found no evidence to support the veteran's claims for service connection for sarcoidosis, arthralgia, sleep apnea, and presbyopia. The VA examinations did not establish a link between these conditions and active service.

The Board has determined that further development is needed for the veteran's claims, including obtaining medical records and providing VCAA notice.

The Board found that the veteran's low back disability, currently rated at 20 percent, does not warrant an increase to a higher rating due to his range of motion and symptoms being within the criteria for a 20 percent evaluation.

The Board has determined that the veteran's lumbosacral strain does not warrant a rating in excess of 10 percent, as his current range of motion and overall disability do not meet the criteria for higher ratings under the applicable diagnostic codes.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The Board has granted service connection for bilateral knee strain and found that the veteran's lumbosacral strain with degenerative joint disease does not warrant a compensable evaluation.

The veteran's initial evaluations for his low back disability, sinusitis, and headaches were denied. The Board found that the evidence did not support a higher rating based on functional loss or incapacitating episodes.

The veteran's claims for increased evaluations and a TDIU are being remanded due to the need for additional medical examinations and records.

The veteran's claim for service connection for asbestosis was denied due to lack of evidence of the condition. The veteran's need for aid and attendance was granted, with a special monthly pension rate based on his physical limitations.

The Board denied the veteran's claims for service connection for tinnitus and increased ratings for low back strain and acne rosacea. The veteran was not shown to have a current disability related to these conditions, and there was no evidence of in-service incurrence or aggravation.

The Board has determined that the veteran's right hip and low back disabilities are not related to his service-connected varicose veins of the left lower extremity, and therefore denied both claims for service connection.

The veteran's claim for an increased evaluation of his service-connected degenerative joint disease of the lumbosacral spine was denied, as it did not meet the criteria for a higher rating. The claim for TDIU was also denied due to the severity of his disability not preventing him from engaging in substantially gainful employment.

The Board denied the veteran's claims for service connection for sleep apnea and hypertension, finding that there was no evidence of a chronic disability resulting from an undiagnosed illness or organic disease of the nervous system. The claim for increased rating for dermatitis is remanded.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral strain, degenerative joint disease and degenerative disc disease effective from April 27, 2006.

The Board denied the veteran's claim for an earlier effective date for his service-connected cervical and lumbosacral spine disabilities, finding that no credible evidence confirms he filed a claim before May 24, 1999.

The veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling the veteran for a VA examination to assess his current disability levels.

The VA determined that the veteran's service-connected degenerative disc disease, status post lumbosacral fusion, does not warrant an evaluation in excess of 20 percent.

The Board denied the veteran's request for a workshop, equipment and supplies to continue his matting and framing pursuits under Chapter 31, Individual Independent Living Program due to the lack of necessity in improving his independence in daily living.

The Board has granted service connection for arthritis of the lumbosacral spine, finding that it had its onset during service and is related to an in-service injury.

The Board denied the veteran's claims for service connection for sleep apnea and an increased rating for hypothyroidism, finding that there was no evidence of a nexus between these conditions and his active duty service.