Sleep apnea decisions — 2009

The Veteran's service-connected residuals of lumbosacral injury have been rated at 20 percent since the effective date of service connection. The current range of motion does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for service connection for various conditions have been denied. The Board found that the evidence did not meet the criteria to reopen any of these claims.

The Board denied the Veteran's increased rating claim for lumbosacral strain, maintaining his current 10 percent disability rating. The issue was that the Veteran's condition did not warrant a higher evaluation based on the evidence provided.

The Board has remanded the claims for additional development, including scheduling VA examinations to determine the nature and etiology of any current skin rash disability and sleep apnea disorder.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lumbosacral strain and left lower radiculopathy disabilities.

The Board denied the Veteran's claim for service connection for a chronic lumbosacral spine disability, finding that his current condition was not incurred in or aggravated by service.

The Board has determined that the Veteran's service-connected left knee disability caused his current degenerative joint disease of the lumbosacral spine and right knee, thus granting service connection for these conditions.

The Board has denied the Veteran's claim for service connection for PTSD due to lack of verified stressor. The Veteran's lumbosacral strain disability rating remains at 40 percent.

The Veteran's claims for increased ratings and service connection for sleep apnea, upper respiratory infection disability, erectile dysfunction, and periodontitis have been denied. The Board found that the evidence did not support a finding of secondary service connection for these conditions.

The Board has determined that the Veteran's current low back and bilateral knee conditions are not related to her period of service.,Therefore, the criteria for service connection on a direct incurrence basis or secondary as due to or aggravated by a service-connected disability are not met.

The Board denied the Veteran's claims for service connection for sleep apnea, low back disability, and bilateral shoulder disability. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Veteran's appeal is being remanded for further development, including additional VCAA notice and a VA examination to assess the current severity of his low back disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the current severity of his service-connected disabilities.

The Veteran died of malignant melanoma, a condition not service-connected. His death is not considered to be due to any service-connected disability.

The Veteran's claims for service connection for chronic headaches, prostatitis, and sleep apnea due to herbicide exposure have been denied as there is no positive association between such conditions and his military service or exposure to herbicides.

The Board has determined that there is not enough evidence to support a finding that the Veteran's current sleep disorder is related to his military service, and thus denied his claim for service connection.

The Veteran's claims for increased ratings are being remanded to the RO for further action.

The RO reduced the veteran's rating for lumbosacral strain from 50% to 40%, effective December 1, 2007. The reduction was proper as it complied with procedural requirements and provided adequate notice.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's lumbosacral strain with arthritis of the thoracic and lumbar spine has been rated at 40 percent since December 31, 2007.