Sleep apnea decisions — 2007

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain was denied, and his temporary total rating claim based on convalescence following surgery in November 2003 was also denied.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1151, and whether VA Secretary was obligated to make payment to a vehicle seller under 38 U.S.C.A. § 3902(a).

The Board has determined that the veteran's chronic lumbosacral strain and sprain warrants a 20 percent evaluation from August 11, 1999 to September 25, 2003, and a 40 percent evaluation beginning September 26, 2003.

The veteran's claims for service connection for various conditions were denied. The Board found that the claimed conditions are not related to active service and did not arise from an undiagnosed illness.

The Board has determined that the veteran's claims for service connection for chronic post-traumatic stress disorder, hypertension, body scars (secondary to service-connected lumbosacral strain with herniated nucleus pulposus, status post hemilaminectomy), and arthritis (claimed as secondary) have been denied. The evidence submitted does not meet the standard for constituting new or material evidence.

The Board has determined that service connection is not warranted for PTSD, arthritis of the right hand, hypertension, bilateral shoulder disability, bilateral knee disability, or left ankle disability.,An additional VA examination may be necessary to address the etiology of the veteran's hypertension.

The veteran's claims for increased ratings were denied. The RO found that the evidence did not support a higher rating for his service-connected conditions.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain and radiculopathies of both lower extremities, finding that the evidence did not show ankylosis, pronounced intervertebral disc syndrome symptoms, or incapacitating episodes having a total duration of at least six weeks during the past twelve months.

The Board has ordered additional development due to incomplete findings from the April 2006 VA examination regarding nerve involvement and paralysis.

The veteran does not have a single permanent disability rated as 100 percent disabling, and therefore is not eligible for special monthly pension at the housebound level.

The Board has determined that the veteran's fibromyositis of the lumbosacral paravertebral muscles warrants a rating of 20 percent, effective from the date of the appealed decision.

The Board has remanded the claim for an extraschedular rating due to a substantial reduction in productivity and overall job performance, which might indicate a 'marked interference with employment' under VA regulations. The case is referred back to the Director of Compensation Service for consideration.

The Board has determined that the veteran's cervical spine disorder is related to his military service and has granted service connection. The veteran's lumbosacral strain, which was already service-connected, has been rated at its maximum allowable under the old rating criteria.

The Board found that retinitis pigmentosa was not incurred or aggravated during the veteran's first period of service and preexisted his second period of service. The condition did not increase in severity during his second term of service.

The Board has determined that an earlier effective date of January 3, 1996 is warranted for the grant of secondary service connection for degenerative disk disease of the lumbosacral spine.

The Board denied the veteran's claims of service connection for coronary artery disease, including hypertension, and sleep apnea due to a lack of evidence showing sustained symptoms consistent with these conditions during or immediately after service.

The Board has determined that the veteran's service-connected cervical spine and lumbosacral strain disabilities do not warrant a disability rating in excess of 20 percent.

The Board found no evidence of a chronic spine condition in service and insufficient medical evidence to link current spinal disabilities to military service.

The Board is remanding the case to determine if there is a causal relationship between the veteran's current low back disability and an in-service motor vehicle accident, taking into account his documented medical history.

The Board found that the veteran's obstructive sleep apnea was not incurred in or aggravated by active service and denied his claim for service connection.