Sleep apnea decisions — 2010

The Board has remanded the case for further development and clarification of representation, as well as for compliance with VCAA requirements. The appellant's claim will be re-adjudicated after these steps.

The Veteran's low back disability is manifested by flexion to greater than 30 degrees, even with repetitive motion, no incapacitating episodes, and no neurological abnormalities. The criteria for an initial disability rating in excess of 20 percent have not been met.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining VA and service treatment records.

The Veteran's service connection claims for a lumbosacral spine disability and bilateral knee disabilities are denied as there is no evidence of a nexus between the conditions and his military service.

The Board has determined that the Veteran's left wrist disorder and degenerative disc disease with herniated nucleus pulposus of the lumbosacral spine did not have their onset during service or are related to any incident in service, including lifting heavy objects. As such, service connection for these conditions is denied.

The Veteran's claims for service connection, TDIU, and educational benefits were denied. The Board found no clear and unmistakable error in the denial of service connection for a back disability.

The Veteran's lumbosacral strain is characterized by recurrent low back pain, with some radiation into the lower extremities, little to no limitation of motion, and mild tenderness of the paraspinal musculature. The disability does not meet the criteria for a higher rating.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for his service-connected lumbosacral strain, finding that the evidence did not meet the criteria for a higher evaluation under VA disability rating criteria.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, and the Board finds that this rating is appropriate given her range of motion findings.

The Board has determined that the Veteran's claimed heart disorder, hypertension, sleep apnea, and hyperlipidemia are not related to his military service or a service-connected disability.

The Veteran's claim for earlier effective date for nonservice-connected pension benefits was denied as the criteria for assignment of an earlier effective date have not been met.

The Board has determined that the Veteran's service-connected pulmonary disease has aggravated his obstructive sleep apnea, warranting service connection for the latter condition.

The Board of Veterans' Appeals has determined that the Veteran's degenerative joint disease of the lumbosacral spine is related to his military service and grants service connection for this condition.

The Veteran's appeal was denied as his claims for service connection and increased ratings were not substantiated by the provided evidence.

The Board denied service connection for a lumbosacral strain and bilateral hearing loss, as well as an evaluation in excess of 10 percent for pseudofolliculitis barbae. The Veteran's current low back disability is presumed to be related to his military service due to the presence of degenerative joint disease.

The Veteran's service-connected lumbosacral strain with osteoarthritis and degenerative disc disease is currently rated at 50 percent, but the Board finds that this rating does not meet the criteria for a higher evaluation due to lack of ankylosis or incapacitating episodes.

The Veteran's left hand condition, which includes amputations of multiple fingers and degenerative joint disease, warrants a 60 percent evaluation under the VA rating schedule. The claim for service connection for other conditions remains pending.

The Board has remanded the Veteran's claim of service connection for lumbosacral strain/thoracic spine disability and his TDIU claim due to inadequate notice provided by VA. The claims are being returned for further development.

The Veteran's right ear hearing loss is related to active duty service and granted. The Veteran's sore throat (manifested by) is presumed to be due to exposure to herbicides, specifically Agent Orange. Service connection for lumbosacral strain is also granted.