Sleep apnea decisions — 2007

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the claims for sleep apnea, sinus condition, and degenerative disc disease of the lumbosacral spine due to a lack of VA examination. The veteran's service records show treatment for upper respiratory problems including sinus issues, and back injury during active duty.

The Board denied the veteran's claims for an increased rating for lumbosacral strain and service connection for high cholesterol, finding that neither condition warranted a higher rating or service connection.

The Board denied the veteran's claim for an effective date prior to March 7, 2002 for a compensable evaluation of his service-connected lumbosacral strain with fracture of the pars, L5 and degenerative joint disease with L5-S1 radiculopathy.

The Board denied the veteran's claim for reopening his service connection for a lumbosacral spine disability, finding that new and material evidence had not been received to support the claim.

The Board has decided to remand the case for additional development, including obtaining a clarifying medical opinion and providing proper VCAA notice.

The VA determined that the veteran's current low back disability, including L5-S1 spondylolisthesis and degenerative arthritis of the lumbosacral spine, was not incurred in or aggravated by active military service. The evidence did not establish a link between any incident during service and his current condition.

The veteran's appeal is being remanded to the RO for proper consideration of her TDIU claim, including a VA examination and additional development of her service-connected disabilities.

The veteran's back disability, which is currently rated at 20 percent disabling for arthritis of the lumbosacral spine, has been found to not warrant a higher rating based on current evidence and examination findings.

The Board has remanded the case for further development, including obtaining medical records and providing the veteran with notice of the definition of new and material evidence. The claims for an increased rating for lumbosacral strain and reopening a claim for service connection for osteoarthritis of multiple joints are also being remanded.

The Board has determined that the veteran's low back disability is proximately due to or aggravated by his service-connected left knee disability, and thus grants service connection for this condition.

The Board has determined that the veteran does not have a current disability of myopia with astigmatism or arthritis of the left knee for which service connection can be granted. The veteran's headaches are found to be proximately due to her service-connected temporomandibular joint (TMJ) disorder, and she is therefore granted service connection for this condition. However, an increased rating for lumbosacral strain remains denied as there is no evidence of a current disability.

The veteran's service-connected lumbosacral strain with degenerative disc disease and right lower extremity sciatica, residual of fracture transverse process at L4 is currently rated as 40 percent disabling. The issue remains in appellate status due to the RO's recent increase from noncompensable to 10 percent for bilateral otitis media.

The veteran's claims for service connection for depression and residuals of the removal of benign tumors from the left arm were granted.,A rating in excess of 10 percent was assigned for residuals of the removal of benign tumors from the left arm.

The Board denied an earlier effective date for a total rating for compensation purposes based on individual unemployability, finding that the claim was not filed within one year of the April 29, 2004 submission.

The VA has granted service connection for DDD and DJD of the lumbosacral spine at L2-3, effective March 25, 2004. The veteran's claim for a higher initial rating remains under review.

The Board finds that it is at least as likely as not that the veteran's current sleep apnea began during service and grants service connection for this condition.

The Board has denied the veteran's claims for service connection for lumbosacral strain and degenerative disc and joint diseases, finding no evidence of a current disability that is related to his military service.

The veteran's claims for increased ratings for lumbosacral strain and eye disability were denied. The current evaluations of 20 percent for the back disability and non-compensable for the eye disability are maintained.

The veteran's claim for an evaluation in excess of 20 percent for his low back disability is being remanded due to the need for a new VA examination and consideration of both former and revised rating criteria.