Sleep apnea Board decisions

The Veteran's death was not due to service-connected causes, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Board has granted service connection for PTSD and found that the veteran's symptoms meet the criteria for this diagnosis. The claim of service connection for malaria is reopened due to new evidence provided by Dr. J.A.M.

The Board found no evidence of a disease or injury incurred in service that would support the Veteran's claims for sleep apnea and hypertension. The preponderance of the evidence is against these claims.

The Veteran's lumbosacral strain is not shown to meet the criteria for a higher rating, as it does not result in limitation of thoracolumbar flexion to 60 degrees; combined range of motion less than or equal to 120 degrees; muscle spasm or guarding severe enough to result in abnormal gait or contour; and no neurological symptoms.

The Veteran's appeal is granted, with an effective date of September 17, 1998 for the election of compensation benefits in lieu of military retired pay. The issue of calculating compensation benefits based on this election remains pending.

The Veteran's claim for reopening his bilateral hearing loss claim has been granted, with service connection now being granted.,Service connection is granted for bilateral hearing loss as it is related to noise exposure during service. However, the Veteran's sleep apnea was not found to be caused by in-service Agent Orange exposure and is therefore denied.

The Veteran's appeal is being remanded due to the need for additional medical evaluation and records.

The Board has granted service connection for hypertension, chronic sinusitis, and sleep apnea as secondary to sinusitis. The Veteran's pre-existing conditions were not aggravated by service.

The Board denied the Veteran's claim for service connection for a back disorder, including strain of the lumbosacral and cervical spine with superimposed psychophysiological musculoskeletal reaction, finding that new and material evidence had not been received to reopen the previously denied claims.

The Veteran's lumbosacral strain disability was found to warrant a 40 percent rating as of April 5, 2002. The current schedular evaluation is deemed adequate.

The Board denied service connection for bilateral hip and lumbosacral spine disabilities, finding that the Veteran's conditions were not incurred in or aggravated by his military service. The decision also noted that the Veteran did not meet criteria for TDIU.

The Veteran's claim for an effective date prior to June 10, 2003 for the grant of a total disability rating based on individual unemployability (TDIU) has been denied as there is no evidence showing he was unable to work solely due to his service-connected disabilities before that date.

The Veteran's sleep apnea is not considered to be caused or aggravated by his service-connected left and right knee disabilities, and therefore the claim for secondary service connection is denied.

The Veteran's service-connected lumbosacral strain was not found to warrant a rating in excess of 40 percent prior to May 21, 2008. Her claim for a compensable evaluation for her bone spur of the right foot was also denied.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain was granted, with the effective date being determined by VA.

The Veteran's claim for an increased rating for lumbosacral strain and TDIU is denied. The Board found that the available schedular evaluation adequately addressed his disability level.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher disability rating at any point.

The Veteran's claim for increased ratings for his lumbosacral strain was denied. The current rating of 10 percent is maintained prior to November 3, 2008 and since that date the maximum allowable rating of 20 percent has been granted.

The Veteran's appeal for service connection for left wrist and right shoulder disorders has been withdrawn. The claim for an initial evaluation in excess of 10 percent for lumbosacral strain with degenerative disc disease from May 29, 2003 to March 29, 2005 is denied as the disability did not meet the criteria for a higher rating during this period. From March 30, 2005, an initial evaluation in excess of 20 percent is also denied.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment due to his inability to use a standard transmission vehicle.