Sleep apnea decisions — 2009

The Board denied the Veteran's claim for an increased rating for his service-connected lumbosacral spine disability, as the evidence did not support a higher schedular disability rating.

The Board has determined that the preponderance of the evidence is against the claims for service connection for disabilities manifested by thoracic scoliosis/lumbosacral pain and recurrent pelvic pain.

The Board found that the Veteran's lumbosacral strain did not meet the criteria for a compensable rating.

The Board denied service connection for sleep apnea as the evidence did not show that it was incurred in or aggravated by service.

The appeal is remanded for an additional VA examination to determine if the Veteran's sleep apnea was caused or aggravated by her service-connected bronchial asthma, and whether Prednisone taken for asthma caused weight gain which led to sleep apnea.

The Veteran's Eustachian tube dysfunction is manifested by occasional dizziness, warranting a 10 percent rating.

The Court of Appeals for Veterans Claims ruled that the criteria for entitlement to service connection for a back disability are met and that service connection is warranted.

The Board remands the claims for further development, including obtaining additional medical evidence and scheduling a VA examination.

The Board denied the Veteran's claims for service connection for chronic obstructive pulmonary disease (COPD) and sleep apnea, as well as his attempt to reopen a claim for a respiratory disorder other than COPD and sleep apnea.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine and residuals of a retinal detachment of the left eye, to include residuals of laser surgery, were denied as the evidence did not support higher ratings.

The Board denied service connection for PTSD, a psychiatric disability other than PTSD, sleep apnea, gastrointestinal disabilities, sexual dysfunction, and fibromyalgia as there was no competent evidence to show that these conditions were caused by or aggravated by the Veteran's active service.

The case is remanded for additional VA examination and development to assess the current severity of the veteran's lumbosacral strain, particularly during flare-ups.

The appeal is remanded for further development, including a VA examination to determine the etiology and severity of any current right knee disability and an additional sleep study.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied because he failed, without good cause, to report for a VA compensation examination needed to decide his appeal.

The Board remands the case for further development, including an examination to assess incontinence as a complication of the Veteran's disc disease and to obtain private treatment records.

The claims of service connection for sleep apnea and a cervical spine disability are remanded for further development.

The Veteran was granted a 40 percent rating for traumatic degenerative disease of the lumbosacral spine, effective from June 30, 2008.

The Board denied the Veteran's claim for service connection for erectile dysfunction, finding that it was not related to his service-connected diabetes mellitus disability. The claims for increased evaluations of lumbosacral strain and diabetic peripheral neuropathy were remanded for further development.

The Veteran's initial disability rating for status post L1 compression fracture of the lumbosacral spine was increased to 20 percent.

The Board remands the claims for further development, including obtaining a new VA examination to determine the etiology of the Veteran's claimed conditions.