Sleep apnea decisions — 2007

The Board found that the veteran's current low back disorder is not related to his service, and thus denied his claim for service connection.

The veteran is seeking higher ratings for his PTSD and gastroesophageal reflux disease. He also seeks service connection for bilateral leg nodules, a respiratory condition secondary to herbicide exposure, and sleep apnea.,The veteran is seeking an initial rating greater than 10 percent for his gastroesophageal reflux disease. He also seeks service connection for a respiratory condition secondary to chlorine gas exposure.,The veteran is seeking service connection for bilateral sensorineural hearing loss. He also seeks service connection for bilateral leg nodules, a respiratory condition secondary to herbicide exposure, and sleep apnea.,The veteran is seeking service connection for bilateral leg nodules, a respiratory condition secondary to herbicide exposure, and sleep apnea. He also seeks service connection for coronary artery disease as secondary to PTSD.,The veteran is seeking an effective date earlier than April 9, 2005, for total disability due to individual unemployability (TDIU).,The veteran is seeking service connection for a respiratory condition secondary to herbicide exposure. He also seeks service connection for coronary artery disease as secondary to PTSD.,The veteran is seeking service connection for sleep apnea. He also seeks service connection for coronary artery disease as secondary to PTSD.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain is being remanded due to the need for additional VA examinations and retrieval of relevant medical records.

The Board denied all claims for service connection, finding that there was no credible evidence of in-service stressors related to post-traumatic stress disorder and rejecting the diagnoses of sleep apnea as not supported by medical records. The other conditions were also not found to be related to service or a service-connected disability.

The Board has remanded the case due to incomplete records and need for additional examinations.

The veteran's claims for increased ratings and earlier effective dates were denied. The Board found no basis to grant higher ratings or earlier effective dates in any of the issues addressed.

The Board has determined that additional development is necessary before the claim for an increased disability rating for chronic low back pain, lumbar strain, mild osteoarthritis of the lumbosacral spine can be adjudicated.

The Board has granted a rating of 20 percent for the veteran's service-connected lumbosacral strain with degenerative disc disease, effective June 17, 2005.

The Board denied the veteran's claim for service connection for lumbosacral strain, finding that there was no medical relationship between his diagnosed low back disorder and an in-service incident.

The veteran withdrew his appeal for an evaluation in excess of 20 percent for service-connected cervical strain, status post avulsion fracture of the cervical spine. The TDIU issue remains.

The Board found that the veteran's current diagnoses of diabetes mellitus, sleep apnea, and depression were not related to his military service. The claim for service connection was denied.

The Board denied the veteran's claims for initial compensable evaluations for his lumbosacral strain and fractured left clavicle, finding that the evidence did not meet the criteria for a compensable evaluation under either the old or new rating criteria.

The veteran's disabilities are rated at 80 percent, and the appellant seeks an increased special apportionment of his VA disability income. The Board denied the claim as awarding a special apportionment in excess of $250.00 per month would cause undue hardship to the veteran.

The Board has reopened the veteran's claim for service connection for post-operative residuals of laminectomy due to new and material evidence submitted since the prior final denial in December 1982. The VA will schedule a medical examination to determine if the current low back disability is related to service.

The veteran's claim for increased ratings for lumbosacral strain is being remanded due to the receipt of additional evidence. The RO will review this evidence and readjudicate the claims.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and left knee disabilities, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Board found that the veteran's back disorder and left shoulder tendinitis were not related to his military service. The claim for an increased rating for left shoulder tendinitis was denied as there was no evidence of a schedular rating in excess of 20 percent.

The veteran's sleep apnea is related to his service-connected PTSD, and he was granted a 50 percent evaluation for his PTSD.

The veteran's claim for increased ratings for his service-connected low back strain, degenerative disc disease of the lumbar spine; status post T-4 through S-1 fusion surgery is being remanded due to incomplete medical records and need for a current VA examination.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for PTSD. The case is REMANDED for further development.