Sleep apnea decisions — 2007

The veteran's appeal is being remanded for additional development and consideration of his claims, including scheduling a hearing before the Board.

The Board has determined that the veteran does not meet the criteria for service connection for PTSD, Erectile Dysfunction, Hypertension, Sleep Apnea, or a Skin Disease due to lack of evidence supporting these conditions as being related to service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for a VA examination to determine the nature, etiology and severity of any neurological impairment caused or aggravated by the service-connected condition.

The veteran's left elbow tendonitis and lumbosacral strain have been rated at the lowest possible noncompensable level throughout the rating period. The VA has determined that a compensable evaluation is not warranted for either condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the veteran's chronic back/spinal disabilities.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbar spine and for increased ratings for lumbosacral strain, finding that there was no evidence to support these claims.

The veteran's initial increased ratings for degenerative disc disease of the lumbosacral spine, patellofemoral syndrome of both knees, and scar from laparoscopy were granted. The veteran was denied service connection for incontinence of the bowels.

The veteran seeks service connection for lumbosacral degenerative changes. The Board has determined that a VA examination is needed to determine if his current back disability is related to military service.

The veteran's back, left knee and left ankle disabilities have been rated based on their severity. The ratings for the back and left knee are granted at 40% and 30%, respectively.

The Board has granted service connection for a back disability that is proximately due to or the result of a service-connected right knee disability. The claim for an increased rating for postoperative residuals of a fracture of the right patella and limitation of motion, residuals of a right patella fracture remains denied.

The Board has determined that further development is needed before a decision can be reached on the merits of the veteran's claim for an increased rating for service-connected lumbosacral strain with degenerative joint disease of the lumbosacral spine.

The Board denied the veteran's claims for service connection for diabetes mellitus, type II; a sleep disorder (claimed as narcolepsy and/or sleep apnea); and sinusitis. The evidence did not support a finding of in-service incurrence or continuity of symptomatology.

The veteran is seeking service connection for sleep apnea as secondary to his service-connected PTSD and an earlier effective date for the increased rating of PTSD. The case has been remanded due to scheduling issues.

The veteran's claim for service connection for malaria was denied. The RO granted service connection for filariasis, post-traumatic headaches, and degenerative joint and disc disease of the lumbosacral spine with initial ratings in excess of 10 percent. A 40% rating is assigned for degenerative joint and disc disease of the lumbosacral spine effective October 19, 2005.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination to determine if the veteran's skin conditions are related to his service or any in-service events.

The veteran's claims for higher initial ratings for hypertension and ventral hernia, as well as a compensable rating for sleep apnea, are being remanded. Additionally, the claim for service connection for depression is also being remanded.

The Board denied service connection for cervical spondylosis with post-operative residuals of discectomy and fusion at C3-4 and C4-5, avascular necrosis of the hips, and residuals of a herniated nucleus pulposus of the lumbosacral spine with residuals of a compression fracture of the 1st lumbar vertebra. The veteran's conditions were found to be not incurred in or aggravated by service.

The Board has remanded the veteran's claims for increase and a total disability rating due to individual unemployability (TDIU) for further development.

The Board has denied the veteran's claims for service connection for degenerative arthritis of the spine, cervical spine disability with arthritis, and bilateral shoulder disability. The claims for increased ratings for low back pain, right inguinal hernia repair, hemorrhoids, and chronic prostatitis have also been denied.