Sleep apnea decisions — 2008

The Board found no evidence of a low back disorder during service or for many years thereafter, and any currently diagnosed lumbosacral strain has not been related by competent evidence to service. Therefore, the claim for entitlement to service connection for lumbosacral strain is denied.

The Board found that the February 1993 and September 1994 rating decisions did not contain clear and unmistakable error in failing to award a separate rating for sciatic radiculopathy of the left lower extremity and left foot associated with service-connected degenerative disc disease of the lumbosacral spine.

The veteran's appeal is being remanded to the RO for consideration of additional evidence submitted since the last Statement of the Case.

The case is being remanded due to the submission of additional evidence, and further development is required before a decision can be made.

The Board denied service connection for the cause of the veteran's death due to lack of evidence linking his cancer and other conditions to service.

The Board has remanded the case due to a lack of VA examination and will provide another one. The veteran's claim for an increased rating for lumbosacral strain is pending.

The Board found that the veteran's lumbosacral strain did not warrant a 40 percent rating prior to October 6, 2003, based on the evidence of record.

The VA denied the veteran's claim for an increased evaluation of his service-connected back disability, as the evidence did not show unfavorable ankylosis or incapacitating episodes lasting at least six weeks.

The Board has determined that the veteran's mood disorder with panic disorder does not warrant a rating in excess of 30 percent, and his sleep apnea syndrome does not warrant a rating in excess of 50 percent.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 40 percent evaluation, reflecting significant limitation of motion.

The veteran's fatal conditions, including pleumorphic rhabdomyosarcoma of the left leg and septicemia, were not service-connected. The Board found that these conditions did not cause or contribute substantially to his death.

The veteran's service-connected conditions do not render him unable to obtain or retain substantially gainful employment, given his education and work experience.

The veteran's appeal for an increased evaluation of his lumbosacral strain has been remanded due to the submission of new medical evidence. The case will be returned to the Board after further consideration.

The Board found that the veteran's claims for service connection for sleep apnea in December 1987 and August 2001 were denied due to lack of evidence linking his current condition to military service. The decision also dismissed the claim for CUE as there was no clear error in the decisions.

The veteran's service-connected left tibia and fibula fracture residuals are currently rated at 20 percent, while his low back disorder is rated at 10 percent prior to October 30, 2007, and 20 percent thereafter. The claims for increased ratings have been denied.

The Board found that the veteran's service-connected lumbosacral strain with degenerative disc disease is currently manifested by painful forward flexion to 90 degrees and moderate symptoms, which does not warrant a rating in excess of 20 percent.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by active service, and therefore denied his claim.

The VA denied the veteran's claim for service connection of sleep apnea, concluding that there is no evidence linking his current condition to his military service.

The veteran's combined disability rating is 50%, which does not meet the minimum schedular criteria for a TDIU. However, his service-connected disabilities do not preclude him from obtaining or maintaining sedentary employment.

The VA denied an increased evaluation for the veteran's lumbosacral strain, finding that it did not meet criteria for a higher rating based on current medical evidence.