Sleep apnea decisions — 2008

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for emotional instability with a history of a psychoneurosis, pilonidal cyst, and lumbar strain with possible lumbosacral spine degenerative disc disease. The veteran's claim is considered 'mixed' as some issues have merit while others do not.

The veteran's initial claim for a higher rating for hypertensive heart disease with left ventricular hypertrophy was denied as his condition did not meet the criteria for a higher evaluation.,Service connection for obstructive sleep apnea was also denied, as there is no evidence that it first manifested during service or is related to service.

The veteran's service-connected conditions do not effectively preclude all forms of substantially gainful employment, and the Board denies a total rating based on individual unemployability.

The Board has remanded the case for further development due to incomplete medical opinions and missing Social Security Administration records.

The Board denied the veteran's claims for service connection for PTSD and for compensable evaluations for low back and right knee disabilities due to lack of credible evidence supporting the occurrence of claimed in-service stressors.

The veteran's appeal was denied as his service-connected low back disability did not warrant higher ratings prior to April 12, 2007. The RO found that the evidence did not support staged evaluations or increased ratings for the period before April 12, 2007.

The Board has decided to remand the case for further development, including a VA examination to determine the etiology of the veteran's spine disorders.

The veteran's initial rating for chronic lumbosacral strain with hip, thigh, buttocks, and calf pain was granted at a 40 percent rating from September 25, 1996 to September 23, 2002. From September 23, 2002 to April 20, 2005, the veteran's disability warranted an initial staged rating of 50 percent. Since April 20, 2005, a 60 percent rating has been assigned.

The Board has remanded the claims for initial higher ratings due to the RO's recent increases in disability ratings, and the veteran is seeking further review of his service connection claims.

The Board found that the evidence submitted since the February 2001 rating decision is not new and material, thus denying the veteran's claim to reopen his service connection for chronic lumbosacral strain.

The Board found that the veteran's current lumbosacral spinal stenosis with degenerative disc disease and degenerative joint disease is not related to his active military service, thus denying his claim for service connection.

The veteran's service-connected disabilities (degenerative disc disease of the lumbosacral spine and colitis with gastritis and rectal bleeding) are considered to be of common etiology, resulting in a combined rating of 60 percent. This meets the percentage requirement for TDIU under 38 C.F.R. § 4.16(a). The veteran's unemployability is established due to his service-connected disabilities.

The Board has remanded the case due to the need for additional examinations and VCAA notice, as well as further development of the record.

The Board determined that the veteran's acquired factor VIII deficiency, diabetes mellitus, interstitial lung disease (BOOP), and sleep apnea were not caused by VA treatment. Therefore, compensation under 38 U.S.C.A. § 1151 for these conditions was denied.

The veteran's lumbosacral strain-myositis and cervical strain-myositis were rated at 20 percent and 10 percent, respectively. The Board found that a higher rating was not warranted for either condition based on the evidence of record.

The Board has determined that the veteran's sleep apnea existed before his active service and was not aggravated by military service, leading to a denial of the claim.

All claims for increased ratings and service connection are denied. The effective date of the 10 percent rating for lumbosacral strain is set at June 26, 2002. Tinnitus is already rated at its maximum under Diagnostic Code 6260.

The Board has denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, right and left chondromalacia patella, and Achilles tendonitis. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

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

The veteran's claim for increased ratings for lumbosacral strain was denied as his condition did not meet the criteria for higher ratings under VA rating criteria.