Sleep apnea decisions — 2008

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a neurological examination of the left arm.

The Board found that the veteran's lumbar back disability did not meet or approximate the criteria for a rating greater than 10 percent from December 29, 2000 to September 26, 2003 and denied her claim. The Board also found no evidence of a compensable rating for her hemorrhoids.

The Board has determined that the veteran does not have a lumbar spine disability that was caused or aggravated during his active military service.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or due to housebound status has been denied as he does not meet the criteria for either condition.

The veteran's claims for service connection for various skin conditions, including dementia and hematuria, are being remanded due to the need for additional development of his case.

The Board denied the veteran's claim for an increased disability rating for his service-connected lumbosacral strain, finding that there was no evidence of unfavorable ankylosis and thus not meeting the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The VA denied an increased rating for the veteran's degenerative joint disease of the lumbosacral spine, currently evaluated at 40 percent.

The veteran has been granted service connection for lumbosacral spine strain/contusion, but denied service connection for right hip and leg disorders.

The veteran's claims for increased ratings for his low back disability and bilateral knee disabilities were denied. The RO found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 20 percent, as his range of motion is within the criteria for a 20 percent rating.

The Board has remanded the case for further development, including obtaining alternative forms of evidence and scheduling a VA examination if necessary. The veteran's claims for service connection for deviated septum and sleep apnea are pending.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint disease was denied, as the current evaluation of 40 percent is considered appropriate based on the severity of his symptoms and functional impairment. The claim for TDIU due to service-connected disabilities was also denied.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the appellant does not have any disability due to undiagnosed illness as a result of service in the Southwest Asia Theater during the Persian Gulf War, and therefore denied all claims for service connection.

The veteran's low back disorder is found to have existed prior to service, and the Board finds that it did not clearly and unmistakably exist prior to service. The examiner must state whether or not it is at least as likely as not (i.e., probability of 50 percent) that the veteran's current low back disorder was caused by active military service.

The veteran's appeal for fee-basis care was dismissed as there is no issue of fact or law before the Board pertaining to his claim.

The Board has remanded three distinct sub-claims regarding the veteran's back condition for further review.

The veteran's claims for increased ratings and service connection have been denied. His degenerative disc disease of the lumbosacral spine remains at a noncompensable rating, while his right hip strain is also rated as noncompensable. Service connection for a respiratory disability was not established.

The Board has determined that the veteran's obstructive sleep apnea had its onset during his period of active duty service and is therefore granted service connection.