Sleep apnea Board decisions

The Veteran's claim for service connection for a cervical spine disorder is denied as the evidence does not support a finding that any current cervical spine disorder is related to service. The Veteran's TDIU claim is granted due to his service-connected disabilities precluding him from obtaining and retaining all forms of substantially gainful employment.

The Board found that the Veteran's lumbosacral strain disability is manifested by constant low back pain, pain on motion and reduced activity due to the pain; it is also manifested by objective clinical findings of mild to moderate muscle spasms, moderate restriction of lumbar spine motion and pain on motion. The criteria for an evaluation in excess of 20 percent have not been met.

The Veteran's claim for service connection for sleep apnea was denied as there is no clinical evidence of a diagnosis during his service, and the current condition is not related to his military service.

The Board has denied the Veteran's claims for service connection for sleep apnea, hypertension, and a cardiac condition due to lack of evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for lumbosacral strain and herpes simplex I are being remanded due to the need for updated VA examinations and additional treatment records.

The Veteran's service-connected GIST tumor led to the removal of his spleen and pancreas tail, warranting secondary service connection for their residuals. The Board also found presumptive service connection for the GIST tumor due to exposure to Agent Orange. Service connection was denied for sinus disorder, skin cancer, and sleep apnea as these conditions were not shown to be related to active service.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine and right knee were denied. The Veteran was awarded a separate evaluation of 20 percent for lateral instability and moderate recurrent subluxation related to his right knee disorder, effective from August 20, 2007.

The Veteran's claim for increased evaluations for residuals of leiomyosarcoma of the left arm, sensory loss associated with the condition, and a post-operative scar has been granted. The initial evaluations assigned are 20 percent for the residuals of leiomyosarcoma of the left arm (MG V), 10 percent for sensory loss prior to January 10, 2009, and 10 percent for the post-operative scar.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and medical records from San Luis Obispo Armory. The VA will also schedule the Veteran for a psychiatric examination to determine if his mental condition is related to service or aggravated by his back and neck disabilities.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the Veteran's service-connected conditions. The issues on appeal include service connection for sleep apnea and initial ratings for GERD, hypothyroidism, and left ankle arthritis.

The Veteran's claims for service connection for fevers, chilly feelings, dyssomnia, aching joints, and a skin condition have been denied as there is no objective evidence of these conditions during or after service.

The Veteran's appeal is being remanded due to the need for issuance of a Statement of the Case regarding his claims for service connection for various conditions.

The Board found that the Veteran's current degenerative disc disease of the lumbosacral spine is not due to an injury or event during her active service, and denied her claim for service connection.

The Veteran's lumbosacral disc disease has not been shown to warrant a rating in excess of the current 10 percent assigned.

The Veteran's lumbosacral strain was granted a 40 percent evaluation effective May 23, 1995. His cervical spine injury residuals were also granted an initial 30 percent evaluation.

The Veteran's low back disability, rated at 40 percent, is not shown to warrant a higher evaluation as the evidence does not demonstrate additional functional loss or incapacitating episodes that would justify an increased rating.

The Board denied service connection for degenerative disc disease of the lumbosacral spine, finding that there was no evidence of a back injury or disability in service and no chronicity of back symptomatology until several years after service. The right foot disability issue is being remanded.

The Board denied service connection for a low back disability and residuals of head trauma, finding no evidence linking these conditions to service.,There is no medical evidence showing that the Veteran's current low back or head disabilities are related to her military service.

The Board has denied the Veteran's claim for service connection for sleep apnea, including as secondary to her service-connected bronchial asthma due to a lack of medical evidence linking the condition to her military service or her service-connected disability.

The Board has determined that the Veteran's claims of entitlement to service connection for tinnitus, a heart condition, degenerative joint and disc disease, lumbosacral spine with disc herniation, L5-S1, and foraminal stenosis, asthma, and allergic rhinitis have been denied as there is no evidence linking these conditions to his military service.