Sleep apnea decisions — 2008

The Board has remanded the case for additional development, including a VA examination to determine if the veteran currently has lumbosacral strain and whether any such condition is related to his military service. The claim will be reconsidered based on the new evidence.

The Board has determined that the veteran's sleep apnea is not related to active service and therefore denied his claim for service connection.

The Board denied the veteran's claims for an increased rating for his service-connected low back disability and a higher effective date for TDIU. The veteran was granted a 60 percent evaluation for his low back disability, but not in excess of that level. The effective date for TDIU was set at April 8, 2003.

The VA determined that the veteran's lumbosacral disc syndrome does not meet or exceed the criteria for a rating in excess of 40 percent.

The Board has determined that the veteran does not meet the criteria for service connection for sleep apnea, asbestosis, right ear hearing loss, or either knee strain. The claims are denied.

The Board denied the veteran's claims for service connection for COPD, lumbosacral spine disorder, memory loss, celiac disease, sinus disorder, and neurological disorder (essential tremor of both hands). The appeals were decided on a direct basis without any presumption or secondary relationship to a previously service-connected condition.

The Board denied the veteran's claims for service connection for sleep apnea with cor pulmonale and polycythemia, as well as separate ratings for pes cavus with calcaneal spurs of both feet.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and left knee conditions, finding that the evidence did not meet the criteria for higher ratings under either the old or revised rating criteria.

The veteran's appeal is being remanded for further action, including scheduling a hearing at the RO.

The Board denied the veteran's claim for an earlier effective date of October 18, 1999 for a 40 percent evaluation for lumbosacral instability. The RO had initially granted service connection in July 2002 with a retroactive effective date of June 19, 1970.

The Board has granted a 20 percent evaluation for the veteran's degenerative disc disease of the lumbosacral spine, effective from July 21, 1976. Additionally, the Board found that the veteran is entitled to a separate initial evaluation of 10 percent for right lower extremity radiculopathy.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease of the lumbar spine warrants a 40 percent disability rating effective June 1, 2006.

The veteran's claims for service connection for PTSD and an initial evaluation in excess of 40 percent for lumbosacral strain were denied. The Board found that the evidence did not support a current diagnosis of PTSD, and there was no credible supporting evidence of an in-service stressor. For the lumbosacral strain claim, the veteran's disability did not meet the percentage criteria for a 40 percent rating under any applicable diagnostic codes.

The veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for his lumbosacral spine disability was granted, but the claim for a higher rating for residuals of left knee injury was not well-grounded as there is no evidence of such a condition during active duty or within one year after separation from service. Service connection for a secondary left rotator cuff tear with degenerative arthritic changes to his service-connected left foot and lumbosacral spine disability was also denied.

The veteran's claim for a total disability evaluation based on individual unemployability (TDIU) is being remanded due to incomplete service records and the need to clarify her status with the Army Reserve. The RO must obtain all relevant medical records, confirm her military status, and schedule VA examinations to assess her current level of disability.

The Board denied the veteran's claims for an increased rating for his lumbosacral spine condition and service connection for osteomyelitis, finding that the evidence did not support a higher evaluation or service connection.

The Board has denied the veteran's claims for an initial, compensable rating for sleep apnea prior to December 13, 2005 and service connection for hemorrhoids and a bilateral foot disability. The RO continues to deny these claims.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating higher than 10 percent under either the old or new VA rating criteria.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for sleep apnea. The case is remanded for further development, including a VA examination.

The veteran's appeal involves multiple secondary service connection claims for various disabilities, including sleep apnea, chronic fatigue syndrome, upper respiratory infection disability, erectile dysfunction, and periodontitis. The case is being remanded to obtain Social Security Administration records and to readjudicate the issues.