Sleep apnea decisions — 2008

The Board denied service connection for a lumbosacral spine disorder and bilateral leg cramps, but granted service connection for right shoulder and right knee disorders.

The veteran's claims for service connection for liver disorder, abdominal knot/node, back disorder, and diverticular disease of the colon have been denied as there is no evidence linking these conditions to his military service.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and right lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the revised spine rating criteria effective September 26, 2003.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of any current bilateral hearing loss and tinnitus. The veteran's claim is being remanded due to pending issues.

The Board has granted service connection for erectile dysfunction as secondary to the veteran's service-connected degenerative disc disease of the lumbosacral spine, resolving reasonable doubt in favor of the veteran. The earlier effective date claim was withdrawn by the appellant.

The Board has determined that the veteran's sleep apnea was incurred in service and is related to his military service, thus granting service connection for this condition.

The Board has granted service connection for sleep apnea and reopened the claim for service connection for left sternoclavicular osteomyelitis. The veteran's wife provided evidence that he had symptoms of snoring and irregular breathing patterns during his period of active service, which she observed since 1987.

The veteran is seeking service connection for sleep apnea. The Board has determined that a remand is necessary to obtain an examination and opinion regarding the etiology of his sleep apnea, including whether it originated during active duty or is related to his service-connected asthma.

The Board granted a rating of 40 percent for the veteran's lumbosacral strain with degenerative changes, effective as of April 1, 2005.

The Board has determined that the veteran's low back disorder warrants a compensable disability rating of 10 percent effective from August 24, 2005.

The Board has granted service connection for lumbosacral strain with right radiculopathy, headaches, and a visual disability. The veteran's lumbar spine disorder is related to his military service, as are his headaches. His visual impairment was noted in service but is not considered service-connected due to its congenital nature.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of her service-connected disabilities.

The Board found that the veteran's sleep apnea and mood disorder were not incurred in service, and denied his claims for increased initial ratings.

The Board has found no medical evidence of record that would warrant a staged rating for the increased rating claim. The veteran's right knee disability was evaluated utilizing Diagnostic Code 5257, and his lumbosacral strain was evaluated under Diagnostic Code 5237 (lumbosacral strain). Both conditions were rated as non-compensably disabling.

The veteran's service-connected disabilities have rendered him unable to obtain and retain substantially gainful employment, warranting a grant of TDIU.

The veteran's claims for service connection on the merits are being remanded due to procedural issues and representation changes.

The veteran's low back disability, including degenerative disc disease, is currently rated at 10 percent and the claim for an increased rating greater than 10 percent has been denied.

The VA denied a disability rating in excess of 20 percent for lumbosacral spine degenerative disc disease, finding that the veteran's condition did not meet criteria for higher ratings based on limitation of motion or intervertebral disc syndrome.

The veteran's claim for an increased evaluation for his service-connected lumbosacral adhesive arachnoiditis is being remanded due to the need for a VA examination and additional medical records.

The veteran's increased evaluation for facet syndrome with sclerosis, lumbosacral spine was granted. Service connection for cervical radiculopathy and a left knee condition were denied. The veteran's TDIU claim was also denied.