Sleep apnea decisions — 2009

The Veteran's claim for service connection for chronic lumbosacral strain was received on May 27, 1998. The effective date of the grant of service connection is set to May 27, 1998.

The Veteran's appeal is being remanded for a current VA examination to determine the current level of disability due to his service-connected left knee and low back disorders.

The Board has granted an initial evaluation of 20 percent for the appellant's lumbar spine disability, effective from March 2004. The claimant is seeking higher evaluations for her right lower extremity radiculopathy.

The Board has remanded the case for further development due to incomplete records and unfulfilled requests.

The Veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbosacral spine was denied by the Board, as it is currently evaluated at a 20 percent disability rating.

The Board found that the Veteran's obstructive sleep apnea is not related to his active service and denied his claim for service connection.

The Veteran's service-connected disabilities did not meet the schedular requirements for a total disability rating based on individual unemployability prior to September 23, 2002. The effective date of the TDIU rating is set at September 23, 2002.

The Veteran's appeal is being remanded due to the need for additional records from Dr. Clifford Weldon, M.D.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbosacral spine was denied. The Board found that the evidence did not support a finding that his disability warranted a rating in excess of 10 percent.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent from March 2, 2006. Effective October 18, 2006, the Veteran is entitled to a separate rating of 20 percent for radiculopathy or peripheral neuropathy of the right lower extremity. The claimant's appeal regarding increased ratings for lumbosacral strain with degenerative disc disease from October 18, 2006 remains pending.

The Veteran's claims for service connection for PTSD, sleep apnea, lung disability, hiatal hernia, arthritis of the spine, and hypertension have all been denied. The Board found no evidence of these conditions during or immediately after active duty, and there is insufficient continuity of symptomatology to support a finding that they are related to military service.

The Board denied the Veteran's claims for increased ratings for her service-connected lumbar spondylosis with intermittent left radiculopathy, right patellofemoral syndrome, and left patellofemoral syndrome. The claim for an increase in rating for osteoarthritic left talonavicular joint was not addressed as it is not part of the appeal.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a low back injury during service and that the current condition is not related to military service.

The Board has determined that the appellant's claims for service connection for bronchitis, rhinitis, and sleep apnea are denied as there is no evidence of these conditions during service or a link to service.

The Veteran's claims for higher initial ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable rating in any of the conditions listed.

The Veteran's obstructive sleep apnea was not incurred in service and is not proximately due to, the result of, or aggravated by his service-connected sarcoidosis.

The Veteran's lumbosacral strain was rated as noncompensable prior to October 21, 2008 and as 10 percent disabling thereafter. The Board found that the evidence supported a 10 percent rating for the period prior to October 21, 2008 and denied an increased rating.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's degenerative joint disease of the cervical spine and lumbosacral spine were not incurred or aggravated by service, nor are they proximately due to his service-connected right knee disability. The VA medical opinion concluded that there is no reasonable scientific or medical evidence supporting a connection between the service-connected knee condition and the changes in his lumbar or cervical spine.