Sleep apnea Board decisions

The Board has determined that the Veteran's low back disorder, to include degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service. The claim for an acquired psychiatric disorder, specifically PTSD, is pending and requires further development.

The Board has determined that the Veteran's current low back disability, diagnosed as chronic lumbosacral strain, lumbar arthritis, scoliosis, or degenerative disc disease, is not service-connected due to lack of evidence showing a link between his active military service and his current condition.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of a prior claim being filed.

The Veteran's claim for an increased disability rating for his lumbosacral strain (low back disability) is being remanded due to the need for additional medical records and a VA examination.

The Veteran's service-connected disabilities, including his severe back and knee conditions, necessitated the need for regular aid and attendance of another person. The Board granted SMC based on this need.

The Veteran's appeal is being remanded for further development and consideration of the issues regarding CUE in the September 26, 2006 rating decision that granted service connection for OSA secondary to PTSD and assigned a noncompensable evaluation, as well as his claim for a compensable evaluation for OSA.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran's disability of residuals of lumbosacral nerve root injury with radiculopathy and history of RSD did not warrant a rating in excess of 40 percent, while his disability of residuals of pelvic fracture and separation of symphysis pubis with low back pain warranted ratings in excess of 10 percent prior to January 16, 2004, and in excess of 40 percent thereafter.

The Board has determined that a VA examination is necessary to address the Veteran's claims for bilateral carpal tunnel syndrome and sleep apnea, as these conditions may be related to his service-connected status post nasal fracture. The case will be remanded for further development.

The Veteran's appeal for service connection for hepatitis C and liver disease has been withdrawn prior to the Board issuing a decision.

The Veteran's lumbar spine disability is rated at 60 percent, and the Board finds that an evaluation in excess of this rating is not warranted. The claim for TDIU is also denied.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and arranging for VA examinations to assess the Veteran's bilateral hearing loss and low back disability.

The Veteran's increased rating claims for degenerative disc disease with osteophyte formation lumbosacral spine and radiculopathy of the right lower extremity were denied. The TDIU claim was also denied.

The Veteran's lumbosacral strain was previously rated at 10% and increased to 20% effective September 30, 2002. The current rating is appropriate based on the evidence showing forward flexion of the thoracolumbar spine not greater than 60 degrees.

The Board found that the Veteran's sleep apnea and skin condition, to include eczema, are not related to his period of active service. Therefore, he is denied entitlement to service connection for these conditions.

The Veteran's service-connected lumbosacral strain, paravertebral myositis, and spondylosis disability is currently rated as 40 percent disabling. The Board found that the evidence does not support a finding of greater functional impairment due to pain on use or ankylosis, and thus denied his claim for an increased evaluation.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's initial hearing loss disability was granted but assigned a non-compensable evaluation. For lumbosacral strain, the Veteran did not meet criteria for an increased rating prior to September 26, 2003 and after that date, she also did not meet criteria for an increased rating.

The Veteran is seeking service connection for arteriosclerotic heart disease and sleep apnea, both claimed as secondary to his service-connected rheumatic heart disease. The Board has determined that additional development is needed due to the lack of an opinion regarding aggravation by service-connected rheumatic heart disease.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to determine if his sleep apnea and asthma are related to his military service.

The Board denied the Veteran's claims of entitlement to service connection for sleep apnea syndrome and COPD, finding that these conditions are not related to his active duty service or any service-connected disability.