Sleep apnea decisions — 2008

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was granted, and he is now receiving a 20 percent rating effective April 1, 2004.

The Board found no causal relationship between the veteran's service-connected disabilities and his cause of death, which was sudden cardiac death due to hypertension and obstructive sleep apnea. Therefore, service connection for the cause of death is denied.

The veteran's appeals for a compensable evaluation for service-connected lumbosacral and cervical spine strain, non-service-connected pension benefits, and service connection for a rash have been withdrawn. The issue of entitlement to a compensable evaluation for the laceration of the 4th and 5th fingers of the left hand is dismissed.

The Board has denied the veteran's claim of service connection for lumbosacral strain, finding that there is no competent medical evidence to show a causal nexus between any aspect of service and the veteran's current condition.

The Board denied the veteran's claims for increased evaluations for his lumbosacral spine disability, finding that the evidence did not meet the criteria for a higher evaluation prior to December 26, 2006 and from December 26, 2006.

The Board has ordered a remand due to the submission of new evidence and the need for an examination. The veteran's claim for service connection for sleep apnea is pending.

The veteran's appeal is being remanded for further VA examinations to determine if his service-connected disabilities preclude him from obtaining or retaining substantially gainful employment.

The veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following any substantially gainful employment, warranting a TDIU rating.

The veteran's obstructive sleep apnea was rated as 30 percent disabling from May 3, 2005 through August 22, 2005. The Board found that the veteran did not meet the criteria for a higher rating during this period.

The VA determined that the veteran's lumbosacral strain does not meet the criteria for a higher rating than 10 percent, as his range of motion did not reach the required levels.

The Board denied service connection for chloracne, gastrointestinal disorders, and sleep apnea due to lack of evidence showing current diagnoses or a link to military service.

The Board has determined that the veteran's lumbosacral strain, myositis with clinical right sided L5, S1 radiculopathy warrants a 40 percent disability rating. A separate 10 percent evaluation is granted for mild incomplete paralysis of the sciatic nerve.

The veteran's combined rating of 60 percent due to service-connected disabilities did not render him unemployable for the period prior to September 21, 2004.

The Board found that the veteran's claimed conditions are not related to cold injury in service and denied all claims.

The Board has denied service connection for diabetes mellitus, sleep apnea, and morbid obesity. The veteran's current conditions are not considered to be related to his military service.

The Board found that the veteran's sleep apnea and PTSD were not incurred in or aggravated by active service.

The VA denied a claim for an increased rating for lumbosacral strain, currently rated at 10 percent. The VA found that the veteran's symptoms did not meet criteria for a higher rating based on limitation of motion or other functional loss.

The case is being remanded for further development, including a VA examination to assess the severity of the veteran's service-connected low back disability and its impact on his employability.

The Board denied the veteran's increased rating claims for his dermatophytosis and spondylolisthesis of the lumbosacral spine, as there is no medical evidence showing incapacitating episodes or unfavorable ankylosis.

The Board has determined that the veteran does not have a current disability manifested by skin, memory loss, or chronic fatigue. The evidence of record is insufficient to establish service connection for these conditions.