Sleep apnea decisions — 2010

The Veteran's appeals for increased ratings for lumbosacral strain and diabetes mellitus were denied by the Board. The Veteran did not meet the criteria for higher ratings under VA rating schedules.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine and right shoulder bursitis were denied as his conditions did not meet the criteria for higher disability evaluations.

The Veteran's appeal is being remanded due to incomplete records and the need for a medical opinion regarding whether his preexisting nasal condition was aggravated by service. The secondary service connection claim for obstructive sleep apnea will also be addressed.

The Veteran's low back disorder was not incurred in or aggravated by service, and arthritis of the back may not be presumed to have been incurred in service.

The Veteran's appeal is being remanded for additional development to verify service stressors and determine the presence of PTSD, sleep apnea, and low back disability.

The Veteran's service-connected disabilities, including sleep apnea, ADHD, depression, and dysthymia, prevent him from obtaining and retaining substantially gainful employment. The Board finds that the criteria for a TDIU are met.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board found that it does not warrant a higher rating based on the evidence of record.

The Veteran's appeal involves disagreement with the initial disability rating assigned for lumbosacral spine disability, and the Board has remanded the case to allow for further development including VA examinations and consideration of additional evidence.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the Veteran's spine disability warrants a rating of 20 percent, but no more, for his service-connected lumbosacral strain (low back disability).

The Veteran is granted special monthly pension benefits based on the need for regular aid and attendance due to his eye disability. However, he does not meet the criteria for housebound status.

The Board has remanded the case to the RO for further development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of service connection for various conditions are now pending.

The Veteran's claims for increased rating and TDIU related to his low back disability are being remanded due to the need for additional medical examination, as well as obtaining outstanding VA and SSA records.

The Veteran's service connection claims for a lumbar spine condition, diabetes mellitus, rosacea, bilateral hip condition, onychomycosis, urticaria (urticaria), sinusitis, and fatigue were all denied. The claim for compensation under 38 U.S.C.A. § 1151 for urticaria was granted.

The Board denied all of the Veteran's claims, including service connection for carpal tunnel syndrome and obstructive sleep apnea. The low back disability claim was also denied as there is no evidence that it began during or because of service.

The Veteran's appeal is being remanded due to the need for a Board video conference hearing. The original issues on appeal were denied, but the Court of Appeals for Veterans Claims (CAVC) vacated the decision and ordered readjudication.

The Board denied increased ratings for the Veteran's service-connected fractured right ankle with degenerative joint disease and degenerative disc disease of the lumbosacral spine, finding that the evidence did not warrant a higher rating based on current symptoms.

The Veteran's claims for increased ratings for tinea pedis and cruris, as well as lumbosacral strain, were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA disability rating schedule.

The Veteran's back disability was rated at 10 percent prior to December 6, 2007, and increased to 20 percent thereafter. His migraine headaches were rated noncompensable until December 6, 2007, when he received a 30 percent rating. The bilateral pes planus with calcaneal osteophytes of the left foot was also rated at 10 percent from December 6, 2007. There is no compensable rating assigned for allergic rhinitis.

The Veteran's claims for higher initial evaluations for his service-connected lumbar spondylosis with DDD and DJD, as well as right and left lower extremity radiculopathy, were denied. The claim for service connection for Achilles tendonitis with calcaneal spur of the left foot was deferred pending completion of further development. The TDIU claim is also deferred.