Sleep apnea Board decisions

The Veteran's lumbosacral strain is rated at 20 percent, the highest available rating under VA guidelines for this condition. The other two issues (plantar fasciitis and right foot bunion) are not addressed as they were not part of the appeal.

The Veteran's claim for service connection for lumbosacral spine spondylosis of L4-L5, with degenerative facet joints of L5-S1 is being remanded due to the need for a hearing before a Veterans Law Judge.

The Veteran's claims for increased ratings for his left knee and low back disabilities were denied. The left knee disability was rated at 10 percent, while the low back disability received a noncompensable rating prior to October 7, 2008, but was later granted a 10 percent evaluation effective from that date.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance has been granted due to his service-connected disabilities that make him unable to care for himself or protect himself from daily hazards.

The RO reduced the Veteran's evaluation for lumbosacral strain with degenerative joint disease and degenerative disc disease from 40 percent to 10 percent effective July 1, 2006. The reduction was proper as it followed procedural requirements and there was evidence of improvement in the Veteran's symptoms.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1318.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to the death of the appellant.

The appellant has withdrawn his appeal, citing the award of a total disability rating based on individual unemployability (TDIU). As there are no remaining issues for appellate consideration, the appeal is dismissed.

The Board found that the Veteran does not have degenerative disc disease of the lumbosacral spine that is attributable to his military service.

The Veteran's service-connected cervical and lumbosacral spine disabilities are currently rated at 10 percent and 20 percent, respectively. The Board has determined that the current ratings do not adequately reflect the severity of his disabilities as evidenced by significant painful limitation of motion.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions and providing Vazquez-Flores compliant notice.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected residuals of nasal polypectomy, and therefore grants secondary service connection for this condition.

The Board found no evidence to support the Veteran's claim that his sleep apnea was incurred in service, and thus denied the claim.

The Board found that the Veteran's hypertension, congestive heart failure, and sleep apnea were not incurred or aggravated by service. The claims for these conditions are therefore denied.

The Veteran's claim for an increased rating for his low back disability is being remanded due to the need to obtain treatment records from a non-VA provider.

The Board denied the veteran's claim of service connection for a back disorder, finding that her failure to report for a VA examination without good cause resulted in denial of her claim.

The Veteran's claim for service connection for a back disorder, hiatal hernia/GERD, and lung disorder is denied. The claim for depression remains pending.,Service connection for the Veteran's claimed conditions is not granted as there is no evidence linking them to his military service.

The Veteran's sleep apnea is not service-connected, and his PTSD has been rated as 50 percent disabling prior to March 24, 2009, and 100 percent disabling from that date.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the eligibility criteria based on his service-connected disabilities.

The Board found that the Veteran's current back disorder is not related to his period of active duty service and denied his claim for service connection.