Sleep apnea decisions — 2008

The Board has remanded the case for further development and adjudication, including obtaining updated treatment records from the San Juan VA Medical Center, requesting medical records from Dr. Edhevarria, and scheduling an orthopedic examination.

The Board has remanded the case for further development, including obtaining SSA records and a VA examination to determine if the veteran's hip and lumbosacral spine disabilities are related to service or secondary to his service-connected left ankle disability.

The Board has determined that the veteran's degenerative joint and disc disease of the lumbosacral spine was not incurred in or aggravated by active military service, nor is it related to an in-service incident. The arthritis of bilateral lower extremities claim cannot be granted as secondary to a service-connected disability.

The Board denied the veteran's claim for an earlier effective date prior to February 25, 1994 for a 20 percent rating for his service-connected lumbosacral strain.

The Board found that the veteran's lumbosacral strain does not meet the criteria for a disability rating in excess of the currently assigned 40 percent, as he did not have unfavorable ankylosis of the entire thoracolumbar spine. The current rating of 40 percent is maintained.

The Board has granted a 20 percent rating for the veteran's chronic lumbosacral strain with mild osteoarthritic changes at L5-S1 after March 26, 2008. The initial rating prior to that date remains denied.

The veteran's appeal is remanded due to the need for a VA examination to determine if his current low back and cervical spine disabilities are related to service. The mental condition claim is also deferred.

The appellant's claim for a higher initial level of special monthly compensation (SMC) based on the need for special aid and attendance or a higher level of care was denied as his service-connected disabilities do not meet the criteria for SMC under any provision.

The Board found that the evidence did not show a direct link between the veteran's military service and his current sleep apnea, thus denying the claim for service connection.

The Board found that the preponderance of evidence is against a finding that any lumbosacral spine disorder, including spondylolysis with spondylolisthesis of L5 on S1, disk herniation, foraminal stenosis, and arthritis, post-operative fusion, was present in service or related to service. The claim for service connection is denied.

The case is being remanded for further development and adjudication due to conflicting medical evidence regarding the presence of a neurological component in the veteran's service-connected lumbosacral strain.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine is related to his active duty service and granted service connection for this condition.

The Board has determined that the veteran's sleep apnea was not incurred in active service and denied his claim for service connection.

The Board found that the veteran's service-connected lumbosacral spine L1 compression fracture did not warrant an increased evaluation beyond 20 percent, as his symptoms were consistent with a flexion of at least 60 degrees and no evidence of favorable ankylosis or incapacitating episodes.

The veteran has withdrawn all of his claims, including those for service connection and evaluations for various conditions. The appeal is dismissed.

The Board granted an initial rating of 20 percent for the service-connected lumbosacral strain with levorotational scoliosis effective January 19, 2006. The veteran's claim for a compensable rating for psoriasis was also granted.

The Board has remanded the veteran's claims for a higher initial rating for chronic lumbosacral strain to allow further development, including obtaining medical opinions and records.

The Board denied service connection for sleep apnea and rheumatoid arthritis, finding no evidence of a direct or secondary relationship to the veteran's military service.

The veteran's claims for an increased rating and earlier effective date for his service-connected lumbosacral spine disability are being remanded to allow for additional development of the medical records.

The Board found no competent medical evidence linking the veteran's sleep apnea and premature ventricular contractions to his military service, thus denying these claims.