Sleep apnea decisions — 2010

The Veteran's claim for a disability rating in excess of 40 percent for discogenic disease of the lumbosacral spine was denied. The claims to reopen service connection for depression and tendonitis of the left shoulder were also denied, as well as the claim for sleep apnea.

The Board has remanded the case due to inadequate examination and further development is required.

The Board found no evidence of a back injury or lumbar puncture during service, and the Veteran's current degenerative disc disease is not linked to his military service. The claim for service connection was denied.

The Veteran's combined disability rating is 90 percent, and he does not meet the criteria for SMC based on need for aid and attendance or being housebound due to his physical disabilities. He also does not qualify for specially adapted housing benefits.

The Board found that the Veteran's death was not due to a service-connected disability or his active service, and denied the claim for service connection for the cause of death.

The Veteran's appeal was denied for increased ratings and a separate rating for arthritis, as well as TDIU. The Board found that the current evidence did not meet the criteria for an increased rating in excess of 20 percent for lumbosacral strain or a separate rating for arthritis.

The Board has remanded the case for a Travel Board hearing due to the appellant's request.

The Veteran's sleep apnea has been rated at 50 percent since May 12, 2005. The Board found that the current rating is appropriate as his condition requires a breathing assistance device such as a CPAP machine but does not meet the criteria for higher ratings due to chronic respiratory failure or tracheostomy.

The Veteran's service-connected DDD lumbosacral spine and HNP of L5-S1 were granted an increased evaluation to 40 percent effective December 2, 2004. The claim for higher ratings remains pending.

The Board denied the Veteran's claims for higher ratings for his service-connected right knee, left shoulder, lumbar spine, diabetes mellitus, and hypertension disabilities. The Veteran was not granted TDIU.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine if his current condition may be related to his military service.

The Board denied service connection for lumbosacral sprain, also claimed as low back pain in December 2006. The Veteran is contesting this decision on the grounds of clear and unmistakable error (CUE).

The Veteran's claim for increased ratings for lumbosacral degenerative joint disease was denied as the evidence did not meet the criteria for a rating in excess of 20 percent prior to January 2, 2001 and in excess of 40 percent thereafter.

The Board denied entitlement to extra-schedular consideration for chronic lumbosacral strain and irritable bowel syndrome (IBS).

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is manifested by functional debility equating to severe limitation of motion, with forward flexion limited to 30 degrees when pain on motion is considered. The RO granted a rating of 40 percent for this condition.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbosacral spine is being remanded due to insufficient evidence and further development is needed.

The Veteran's lumbosacral strain has been rated at 40 percent since March 2001. The current rating is denied as the disability does not meet criteria for a higher rating.

The Board has remanded the case for a hearing at the RO and further development.

The Board found that the Veteran's right hip disability and sleep apnea were not incurred in or aggravated by active service, nor could they be presumed to have been incurred due to a disease or injury in service. The claims for service connection were denied.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.