Sleep apnea decisions — 2008

The appellant's sleep apnea was evaluated as not warranting a higher than 60 percent rating, given the lack of evidence for chronic respiratory failure or other severe symptoms.

The Board granted service connection for a low back disability, currently diagnosed as degenerative arthritis of the lumbosacral spine, finding that it was aggravated during active duty and training.

The veteran's sleep apnea was granted service connection based on the medical opinions that it began in or was caused by his military service.

The case was remanded for additional development due to the need for clarification of claims and obtaining medical records.

The Board denied service connection for the cause of the veteran's death, as metastatic liposarcoma did not have onset during active service and is not otherwise related to the veteran's active service.

The veteran's claims for higher initial ratings for left and right ankle disabilities, a deviated nasal septum, and headaches were denied. However, the claim for service connection for sleep apnea was granted.

The veteran withdrew his appeal for an increased evaluation for bilateral tinnitus, and the Board has no jurisdiction to review this issue.

The veteran's lumbosacral strain does not meet the criteria for a rating in excess of 20 percent based on its orthopedic manifestations or under criteria in effect prior to September 26, 2003.

The veteran's low back disability was denied an evaluation in excess of 10 percent as the evidence did not support a higher rating based on the range of motion and other factors.

The veteran's service-connected postoperative lumbosacral disc disease was rated at 40 percent from May 1, 2001, to September 26, 2003, due to severe intervertebral disc syndrome with recurring attacks and intermittent relief.

The Board granted service connection for cervical spine strain, finding that the veteran's condition had its onset in service.

The veteran's initial ratings for allergic rhinitis, herniated disc of the lumbosacral spine, and radiculopathy of the right lower extremity were determined. The rating for the low back disability was increased to 40 percent.

The Board granted service connection for cervical strain, lumbosacral strain, and headaches as they are causally related to the veteran's head injury during his National Guard training.

The Board denied service connection for sleep apnea and post-traumatic stress disorder, finding no evidence linking the conditions to the veteran's military service.

The veteran's lumbosacral strain did not meet the criteria for a rating in excess of 10 percent prior to June 24, 2003, or for a rating in excess of 20 percent thereafter.

The Board denied the veteran's claims for increased ratings for asthma and lumbosacral strain, finding that the evidence did not support a higher rating based on the current severity of her conditions.

The Board denied service connection for right knee disability and PTSD, but found that new and material evidence had been submitted to reopen the claim of service connection for lumbosacral strain, discogenic disease.

The veteran's claims for higher initial ratings for PTSD, bilateral tinnitus, cervical and lumbar spine disabilities, sleep apnea, left ear hearing loss, and service connection for hypertension and post concussion syndrome with headaches and short term memory loss were denied.

The veteran's lumbar strain was evaluated at different levels during the appeal period, with no increase in rating granted beyond 20%.

The Board denied service connection for bilateral hearing loss and continued the 20 percent rating for lumbosacral strain.