Sleep apnea Board decisions

The Veteran's service-connected disabilities require a higher level of care, necessitating hospitalization or nursing home care. The RO must arrange for an aid and attendance evaluation to determine if the Veteran requires such care.

The Board denied the Veteran's claims for service connection for obesity, sleep apnea, and hypertension. The decision noted that there is no credible evidence linking these conditions to his active duty service or an undiagnosed illness associated with Gulf War service.

The Veteran's claims for increased ratings for his knee disorders and psychiatric disability were denied. The Board found new and material evidence to reopen the claim for service connection of a psychiatric disorder, but did not decide whether it was secondary to his service-connected lumbar spine disorder.

The Board has determined that the Veteran's low back disability, to include lumbosacral strain, is shown by competent medical evidence of record to have had its onset during his active military service and grants service connection for this condition.

The Veteran's claims for increased ratings for lumbosacral strain and posttraumatic arthritis of the left knee were denied. The RO found that his conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the claim for an increased rating was denied. Service connection for a right arm/shoulder disorder was also denied, as well as the claim for TDIU.

The Board found that the appellant's low back disability was not incurred in or aggravated by active duty service, nor is it related to a service-connected condition. The claim for service connection was denied.

The Board has reopened the Veteran's claim for direct service connection for sleep apnea and remanded it for further development. The original claim for secondary service connection to PTSD remains on hold until a VA examination is conducted.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as the evidence did not show that VA carelessness, negligence, or error caused his current lumbar spine disability.,The effective date of a 50 percent rating for service-connected bilateral flat feet was denied as prior to October 3, 2003, there was no factual basis to establish an increase in disability.

The Veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for service connection for hearing loss was denied.

The Veteran withdrew his appeal for the claims of hypercholesterolemia, cough, and right otoalgia. The Board also found that he does not have a vision disability or knots on the ankles and heels related to service. He was also unable to establish entitlement to sleep apnea, hand pain, shoulder pain, or ankle pain as being due to service.

The Board found that the Veteran's sleep apnea did not have its onset in active service and was not shown to be related to a disease or injury incurred in active service. Therefore, the claim for service connection for sleep apnea was denied.

The Veteran's claims for service connection and TDIU are being remanded due to a procedural error in the December 1969 rating decision, which did not notify him of his denial. The Board will consider these matters as new and material evidence is not required.

The Veteran's low back disability is rated as 10 percent disabling, his right and left knee disabilities are each rated as 10 percent disabling, and his left ankle disability prior to August 6, 2010, was also rated as 10 percent disabling. After that date, the disability was rated as noncompensable.

The Veteran's death is not service-connected due to lack of legal merit, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's post-operative residuals of a laminectomy with radiculopathy of the lumbosacral spine have resulted in some, but not total, range of motion loss and no incapacitating episodes in the past 12 months. The Board finds that her disability does not warrant a rating higher than 40 percent.

The Board has determined that the Veteran's sleep apnea and residuals of head trauma were not incurred or aggravated during active duty service, and therefore denied these claims.

The Veteran's claim for increased evaluations for his lumbosacral spondylosis and scoliosis was denied. Prior to May 3, 2004, the evaluation remained at 10 percent; since then, it has been rated as 20 percent.

The Veteran's claim for a higher rating for his service-connected back disability was denied. The RO had already increased the rating to 10 percent in May 1997 and changed it to 20 percent in March 1998, based on Diagnostic Codes 5293 (IVDS).

The Veteran's claims for increased ratings and service connection were denied. The claim of entitlement to an earlier effective date based on clear and unmistakable error (CUE) was dismissed.