Sleep apnea Board decisions

The Veteran's service-connected lumbosacral strain was rated at 20 percent prior to December 8, 2008 and increased to 40 percent thereafter. The decision grants the higher rating of 40 percent effective from December 8, 2008.

The Veteran seeks service connection for various conditions, including fibromyalgia and other health issues, all claimed as secondary to chemical and/or biological exposure during active duty. The Board finds that additional development is necessary due to the unclear nature of the classified agent exposure.

The Board found that the Veteran's substantive appeal was not timely filed, and thus denied his claims for service connection for squamous cell carcinoma, basal cell carcinoma, Bell's Palsy, right knee disability, hypertension, left eye disability, diabetes, and sleep apnea.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of entitlement to service connection for retinitis pigmentosa. The decision remains in favor of denial.

The Veteran's appeal is being returned to the RO for review of additional evidence and determination of whether he is entitled to a total rating based on individual unemployability.

The Veteran's appeal is denied as the evidence does not support a higher initial rating for PTSD and there are no residuals of his service-connected tonsillectomy.

The Board denied service connection for PTSD and continued the denial of service connection for the Veteran's back condition. The claim to reopen the previously denied claim for service connection was also denied.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, and the Board finds that an evaluation in excess of this rating is not warranted. The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.

The Veteran's death was not service-connected, and the appellant did not meet the legal criteria for DIC under 38 U.S.C.A. § 1318 or accrued benefits.

The Veteran's service-connected degenerative disc disease with lumbosacral strain, residual of fractured 12th dorsal vertebra is rated at the maximum allowable under current criteria. The Board finds no basis to grant a higher rating or reopen his claim for service connection.

The Veteran's claims for increased evaluations of his bilateral knee disabilities were denied by the RO. The left knee arthritis is rated at 10 percent, right knee laxity at 20 percent, and right knee arthritis at 10 percent.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an initial (compensable) rating for sleep apnea is being remanded due to insufficient medical evidence. The case will be reviewed after a VA examination to determine the current severity of his service-connected sleep apnea.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records from the Frankfurt Hospital in Germany.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain was denied. The claims to reopen service connection for bilateral hearing loss and left knee disability were also denied, as the new evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the issues of service connection for a bilateral foot rash, residuals of congenital abnormalities of the lumbosacral spine, and arthritis of the lumbosacral spine due to inadequate development.

The Veteran's claims for increased disability ratings for his service-connected lung and spine disabilities are being remanded due to the need for additional examinations.

The Veteran's additional disability of the lumbosacral spine was not caused by VA care, treatment, or examination. The Board finds that the October 2000 surgery did not result in an additional disability.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by his active service and is not due to exposure to herbicides. As a result, the claim for service connection for sleep apnea was denied.

The Veteran's claim for service connection for PTSD, as well as his claims for higher ratings for the left knee disorder and rhinitis, have been granted. The issues of service connection for low back disorder and sleep apnea are being remanded.