Sleep apnea decisions — 2007

The veteran's appeal has been withdrawn, and the Board is unable to proceed with the merits of her claims.

The veteran's service-connected disabilities do not preclude employment consistent with his education and occupational experience, and the claim for TDIU is denied.

The Board has denied the veteran's claims for service connection for glaucoma, refractive error, degenerative disc disease of the lumbosacral spine, right shoulder disorder, left shoulder disorder, and arthritis as secondary to his service-connected shrapnel wounds.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for proper VCAA notification and development.

The Board found no evidence of a current lumbosacral strain, cervical spine disability, or left shoulder disability related to service.,The veteran's current disabilities are attributed to post-service injuries and degenerative changes.

The Board has determined that the veteran's lumbosacral spine disability did not manifest until several years after service and is not related to any aspect of service. Therefore, service connection for this condition is denied.

The Board has remanded the case to the RO for further action, including scheduling VA examinations and adjudicating increased rating claims and secondary service connection claims. The TDIU claim will be re-adjudicated after these actions.

The Board denied the veteran's claim of service connection for lumbosacral strain, finding that he was not on active duty or inactive duty training when he sustained the injury. The evidence did not support a presumption of service connection due to his Gulf War service.

The Board found that the veteran's current right shoulder disability is related to his active service, granting service connection for this condition.

The Board denied the veteran's claims for service connection for heart disease and higher evaluations for degenerative disc disease of the lumbosacral spine, finding no evidence to support these claims.

The Board found no evidence of a left shoulder disorder during service and denied the claim for service connection.,There is no medical evidence linking sleep apnea to service, and the Board denied the claim.

The veteran's claims for increased ratings were denied. The RO found that his undiagnosed illness, chronic eczema, and low back pain did not meet the criteria for higher disability evaluations.

The veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and VA outpatient treatment records. The case will be reviewed after these records are obtained.

The Board has ordered a remand due to the addition of new medical records and the veteran's request for a hearing. The case will be reconsidered with these additional documents.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to his obesity, diabetes, and heart disease.

The veteran's cause of death, chronic obstructive pulmonary disease (COPD), was found to be related to his service-connected lumbosacral spine disorder. The need for regular aid and attendance due to the veteran's service-connected disabilities has not been established. However, the veteran is entitled to a TDIU for purpose of accrued benefits.

The Board denied the veteran's claims of entitlement to higher ratings for his anxiety disorder, chronic lumbosacral strain with degenerative disc disease, and residuals of shell fragment wounds to muscle group XVII with right ilium fracture. The claim of service connection for bilateral eye injury was also denied.

The Board denied the veteran's claim for an evaluation in excess of 40 percent for his service-connected ankylosing spondylitis of the lumbosacral spine with kyphosis of the thoracic spine, finding that the schedular criteria did not meet the requirements for a higher rating.

The Board has granted increased ratings for bilateral hearing loss but remanded the issue of increased rating for lumbosacral strain with arthritis due to insufficient evidence.

The veteran's claim for a compensable evaluation for lumbosacral strain was denied in May 2002, and the appeal to challenge this decision was not timely filed.