Sleep apnea decisions — 2007

The Board denied the veteran's claims for service connection for sleep apnea and narcolepsy, and denied his claim for an effective date earlier than July 20, 2004, for a 100% disability rating for PTSD. The decision also addressed his TDIU claim but noted that it was not related to the appeal of the PTSD rating.

The Board found that the veteran's right thumb/hand disability was not shown in service records, and there is no medical evidence showing treatment for a right thumb/hand condition. The claim of entitlement to service connection for a right thumb/hand disability is denied.

The veteran's lumbosacral strain and bilateral hearing loss disabilities were not rated higher than the current noncompensable evaluations.,Service connection for blurred vision was denied, as it is unrelated to service-connected disease or injury. Service connection for heart disease was also denied.

The Board has denied the veteran's request for an earlier effective date prior to August 2, 1993, for the grant of a 40 percent rating for his lumbosacral spine disability. The issue of entitlement to an increased rating for the lumbosacral spine disability and TDIU is remanded.

The Board has withdrawn all issues related to service connection due to the veteran's withdrawal of his appeals. The veteran's peripheral neuropathy is rated at 10% for both lower extremities.

The Board has determined that the preponderance of the evidence is against the veteran's claims for service connection for hepatitis C, lumbosacral strain, cellulitis of the legs, and generalized anxiety disorder.,There is no competent medical evidence linking any of these conditions to service.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied because he failed to report for scheduled VA examinations.

The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of current disabilities or that any present conditions are related to service.

The Board found no evidence of a left ankle disability or constrictive sleep apnea syndrome in service, and the preponderance of the evidence does not support a finding that these conditions are related to service. The veteran's claims for service connection were denied.

The veteran's claims for an increased rating for his left knee condition and service connection for degenerative disc disease of the lumbosacral spine are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Board denied an increased rating for the veteran's residuals of a fracture to the left tibia/fibula with injury to muscle group XIII, maintaining a 30 percent disability rating. The claim for initial disability ratings in excess of 20 percent for lumbosacral strain and entitlement to TDIU was not addressed.

The veteran's service-connected low back disability is currently manifested by moderate limitation of motion, but does not meet the criteria for a higher rating as severe lumbosacral strain or intervertebral disc syndrome has not been demonstrated.

The veteran's claims for service connection for sleep apnea, increased ratings for left hand disability and hearing loss, and a compensable rating for hemorrhoids were denied. The Board found no evidence of in-service onset or aggravation of these conditions.

The Board has determined that the veteran's service-connected left knee disability has caused or increased the severity of his low back disorder, and thus grants service connection for degenerative disc disease of the lumbosacral spine with spondylolisthesis at L5-S1.

The Board denied the veteran's claims for a higher rating for his low back disorder and TDIU, finding that he did not meet the criteria for either a higher rating or TDIU based on service-connected disabilities.

The Board has denied the veteran's claims for service connection for a psychiatric disorder and obstructive sleep apnea, finding that there is no medical evidence linking these conditions to his military service or any service-connected disability.

The Board has granted a 20 percent disability evaluation for the veteran's service-connected lumbosacral myofascial pain syndrome, finding moderate limitation of motion in his lower spine.

The Board denied the veteran's claim for an earlier effective date prior to March 25, 2003 for additional compensation benefits based on his dependent spouse and child. The effective date was set at March 25, 2003.

The veteran's claims for an increased rating for her lumbosacral strain and special monthly compensation on the basis of need for regular aid and attendance are being remanded due to the need for additional development, including a new VA examination.

The Board finds that the veteran is not entitled to an evaluation in excess of 20 percent for his residuals of a T6 compression fracture prior to September 26, 2003.