Sleep apnea decisions — 2008

The Board found no evidence of a nexus between the veteran's current degenerative joint disease of the lumbosacral spine and his active military service, including any in-service injuries. The claim was denied.

The Board denied the veteran's claims of service connection for diabetes mellitus and sleep apnea, finding no evidence linking these conditions to his military service. The claim to reopen a previously denied psychiatric disability was also denied.

The Board has denied the veteran's claims for service connection for sleep apnea and joint arthritis, as well as his claim for a compensable rating for bilateral athlete's foot. The evidence does not support a finding of current disabilities related to these conditions.

The Board has decided to remand the case for further development, including obtaining additional medical records and arranging for an updated VA examination.

The Board has determined that new and material evidence has not been submitted to reopen the claims of entitlement to service connection for hypertension, bilateral knee disability, left hip trochanteric bursitis, bilateral heel spurs, PTSD, diabetes mellitus, Type II, or sleep apnea. As a result, these claims remain denied.

The veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at his local RO.

The veteran's service connection for residuals of a fractured left great toe and lumbosacral disability (retrolisthesis of L5 on S1) is granted. The effective date is not specified as the claim was already established.

The veteran is seeking service connection for glaucoma and sleep apnea. The Board has determined that a VA examination is required to determine the nature, extent, and etiology of these conditions in order to decide their relationship with service.

The veteran's appeal for service connection for residuals of myocardial infarction has been withdrawn. The claim for an initial disability rating in excess of 10 percent for degenerative disc disease of the lumbosacral spine is being remanded for further development.

The veteran's claim for higher ratings for his degenerative joint disease of the lumbosacral spine was denied. He also claimed a TDIU, which was not addressed in this decision as it is separate from the rating issue.

The veteran's claim for a higher disability rating for his service-connected chronic lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining medical records and information from SSA.

The Board denied the veteran's petition to reopen his previously denied claim of entitlement to service connection for lumbosacral strain and denied entitlement to service connection for a left shoulder disability. The TDIU issue was remanded.

The RO granted service connection for sleep apnea but assigned a zero percent disability rating. The veteran is contesting the initial evaluation and needs further evidence and examination to support his claim.

The Board has determined that the veteran's service-connected low back disability does not warrant an evaluation in excess of 10 percent for the periods specified.

The Board denied the veteran's claim to reopen his service connection for chronic lumbosacral strain due to lack of new and material evidence.

The Board has denied the appellant's claims for service connection for diabetes mellitus, type 2; sleep apnea (claimed as a sleep disorder); irritable bowel syndrome; and neurological disability of bilateral upper and lower extremities.

The veteran withdrew his appeal for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbosacral spine with sciatica.

The veteran's claim for increased ratings for his service-connected lumbosacral strain superimposed on L5-S1 with spondylosisthesis was adjudicated. Prior to June 16, 2008, the rating remained at 20 percent; from that date until now, it has been rated at 40 percent.

The veteran's appeal is being remanded due to the need for consideration of additional VA outpatient treatment records submitted by him. The issues regarding evaluation of lumbosacral strain are pending further review.

The veteran's hypertension was not service-connected.,Prior to May 23, 2006, the veteran had a low back disability rated at 10%. From May 23, 2006, it is rated at 40%.,Urinary stricture with post voiding leakage was not service-connected prior to November 30, 2005. It has been rated at 40% since then.,The veteran's irregular heart beat (cardiac arrhythmia) has been rated at 30%.