Sleep apnea decisions — 2009

The Veteran's appeal is being remanded for further development, including obtaining SSA records and medical records from San Luis Obispo Armory. The VA will also schedule the Veteran for a psychiatric examination to determine if his mental condition is related to service or aggravated by his back and neck disabilities.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the Veteran's service-connected conditions. The issues on appeal include service connection for sleep apnea and initial ratings for GERD, hypothyroidism, and left ankle arthritis.

The Veteran's claims for service connection for fevers, chilly feelings, dyssomnia, aching joints, and a skin condition have been denied as there is no objective evidence of these conditions during or after service.

The Veteran's appeal is being remanded due to the need for issuance of a Statement of the Case regarding his claims for service connection for various conditions.

The Board found that the Veteran's current degenerative disc disease of the lumbosacral spine is not due to an injury or event during her active service, and denied her claim for service connection.

The Veteran's lumbosacral disc disease has not been shown to warrant a rating in excess of the current 10 percent assigned.

The Veteran's lumbosacral strain was granted a 40 percent evaluation effective May 23, 1995. His cervical spine injury residuals were also granted an initial 30 percent evaluation.

The Veteran's low back disability, rated at 40 percent, is not shown to warrant a higher evaluation as the evidence does not demonstrate additional functional loss or incapacitating episodes that would justify an increased rating.

The Board denied service connection for degenerative disc disease of the lumbosacral spine, finding that there was no evidence of a back injury or disability in service and no chronicity of back symptomatology until several years after service. The right foot disability issue is being remanded.

The Board denied service connection for a low back disability and residuals of head trauma, finding no evidence linking these conditions to service.,There is no medical evidence showing that the Veteran's current low back or head disabilities are related to her military service.

The Board has denied the Veteran's claim for service connection for sleep apnea, including as secondary to her service-connected bronchial asthma due to a lack of medical evidence linking the condition to her military service or her service-connected disability.

The Board has determined that the Veteran's claims of entitlement to service connection for tinnitus, a heart condition, degenerative joint and disc disease, lumbosacral spine with disc herniation, L5-S1, and foraminal stenosis, asthma, and allergic rhinitis have been denied as there is no evidence linking these conditions to his military service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an initial evaluation of 20 percent effective December 17, 2008.

The Veteran's service-connected low back disability is currently rated at 20 percent, effective from December 14, 2004. The Board denied a higher rating as the evidence did not show that his symptoms warranted an evaluation in excess of 20 percent.

The Veteran's claim for an earlier effective date for the grant of service connection for a lumbosacral strain with spondylosis was denied. The effective date is set at April 7, 2006.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine and hemorrhoids are currently rated at 10 percent each. The Board finds that these ratings adequately reflect the severity of her disabilities.

The Veteran's claim for an increased rating for his service-connected osteoarthritis of the lumbosacral spine with radicular pain in the lower extremities is granted, and he is assigned a 40 percent disability rating effective February 23, 2004.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the criteria for a higher rating for degenerative disc disease of the lumbosacral spine, an earlier effective date for right knee disability service connection, and earlier effective dates for migraine headaches were not met.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for dysthymia, chronic lumbosacral strain with degenerative arthritis of the lumbar spine, or traumatic arthritis of the left hip. Service connection for a cervical spine condition was also denied.

The Board found that the Veteran's lumbar spine disability did not meet or approximate the criteria for a rating in excess of 40 percent, and thus denied his claim.