Sleep apnea decisions — 2007

The Board denied the veteran's claims for increased ratings for bilateral hearing loss, lumbosacral strain, and right ankle disability. The evidence did not support a higher rating under VA regulations.

The Board has remanded the case to the RO for additional development, including obtaining service medical records and arranging for a VA examination. The veteran's claims for increased ratings for bilateral knee and left hand disorders are also under consideration.

The veteran's claims for increased ratings and initial rating in excess of 10 percent for his service-connected lumbosacral strain, cervical strain, and TMJ dysfunction are being remanded due to the need for further VA examinations.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied service connection for PTSD, anxiety disorder, right knee disorder, pes planus, residuals of a jaw injury, migraine headaches (claimed as secondary to jaw injury), and sleep apnea.

The Board denied the veteran's claims for higher evaluations of her service-connected lumbosacral strain, patellofemoral syndrome of the left knee, and stress fracture of the left pubis. The ratings were found to be appropriate based on the current evidence.

The Board dismissed the veteran's appeal regarding his service connection for a sleep disorder, to include obstructive sleep apnea, narcolepsy, and/or cataplexy, as he withdrew his notice of disagreement in November 2000. The issue of pulmonary hypertension was also addressed but is remanded.

The Board denied the veteran's claims for a temporary total rating and reduction of his disability evaluation, finding that the surgery was not related to a service-connected condition and that the reduction from 40% to 20% as of October 1, 2003, was proper.

The Board has determined that the veteran does not have current disabilities resulting from his military service for numbness of the fingers, sleep apnea, hypertension, high cholesterol, gastroesophageal reflux disease (GERD), or arthritis of the shoulder.

The veteran's claim for an initial evaluation in excess of 40 percent for his service-connected lumbosacral strain is being remanded due to inadequate VCAA notice.

The veteran's appeal is being remanded for additional development due to the need for VCAA notification and a new VA examination.

The Board has determined that additional development is needed for the veteran's claims, including reviewing new VA treatment records and providing proper notice regarding what constitutes new and material evidence.

The veteran's claim for an increased evaluation of his service-connected low back disability is being remanded to obtain additional medical records and to schedule the veteran for a VA examination.

The Board has determined that the veteran's obstructive sleep apnea was not incurred or aggravated by his military service and therefore denied his claim.

The veteran's low back disability, currently rated at 30 percent, is manifested by limitation of motion and complaints of pain. The evidence does not support a higher rating based on the current criteria.

The veteran's TDIU claim is being remanded for additional development, including a VA examination and submission to the Director of Compensation and Pension Service for extra-schedular consideration.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the veteran requires regular aid and attendance or is substantially confined to his premises due to service-connected disabilities.

The veteran's lumbosacral strain was initially rated at 10 percent prior to February 18, 2000 and increased to 40 percent since then.

The veteran's appeals for increased evaluations for his service-connected disabilities have been dismissed due to the lack of a substantive appeal.

The Board denied the veteran's petition to reopen his claim for an earlier effective date for service connection for post-operative residuals of leiomyosarcoma, finding that no new and material evidence had been submitted.