Sleep apnea decisions — 2009

The Veteran's claim for increased evaluations for lumbosacral strain is being remanded due to the need to obtain additional information and possibly further medical examination.

The Board has denied the Veteran's claims for service connection for COPD and a sleep disturbance, including sleep apnea. The evidence does not support a finding that these conditions are related to his active service.

The Board found that the Veteran's sleep apnea was neither incurred in nor aggravated by his service. The VA examiner concluded it was less likely than not caused or aggravated by military service.

The Board found that the Veteran's current thoracic spine and low back disorder was not incurred during active service, and his sinusitis was not shown to be related to service. The appeal for inguinal adenitis has been withdrawn.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 10 percent, effective January 29, 2005. The appeal for a higher initial rating has been denied.

The Veteran's appeal has been withdrawn for the issues of Parkinson's disease, diabetes, heart condition, arthritis, and sleep apnea.

The Veteran's service-connected conditions do not meet the criteria for SMC based on need for aid and attendance or housebound status since June 23, 2008.

The Board denied a rating in excess of 50 percent for the Veteran's service-connected lumbosacral strain with chronic myositis, finding that his disability did not meet the criteria for an increased evaluation.

The Veteran's claim for an increased rating for lumbosacral strain with scoliosis is being remanded due to the need for a current VA examination and additional records.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations.

The veteran seeks an increased evaluation for his service-connected lumbosacral strain, currently rated at 60 percent. The Board has remanded the case to provide a new VA examination and consider extraschedular evaluation under 38 C.F.R. § 3.321.

The Board denied the appellant's claims for a total disability evaluation based on individual unemployability due to his service-connected disabilities from January 2, 2004, to March 3, 2005, and from December 1, 2005, to September 1, 2006.

The Board has determined that the Veteran's thoracic spine disability and lumbosacral strain with degenerative disc disease at L2-3 are not service-connected, and the current evaluation for the lumbosacral strain is appropriate.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The claims for initial ratings in excess of 10 percent for radiculopathy of the right and left lower extremities were also denied.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service and is not related to his service-connected postoperative residuals, herniated nucleus pulposus L5-S1. As a result, the claim for service connection is denied.

The Board found that the prior rating decisions denying service connection for lumbosacral spine disability were not clearly and unmistakably erroneous, and denied entitlement to an earlier effective date.

The VA Director of Compensation and Pension Service found an extraschedular rating warranted for the Veteran's service-connected traumatic arthritis of the lumbosacral spine, increasing the rating from 40 to 50 percent effective August 25, 1999.

The Veteran's low back disability is rated at 40 percent, and his sciatica of the right and left lower extremities are each rated at 10 percent. The Veteran also meets criteria for a TDIU due to service-connected disabilities.

The Veteran's appeal is being remanded for further development, including verification of service dates and obtaining additional medical opinions regarding his claimed conditions.