Sleep apnea Board decisions

The Board has determined that the reduction in evaluation of the service-connected post-lumbosacral strain with degenerative arthritis by x-ray from 20 percent to 10 percent was proper, as examination disclosed improvement and did not result in a reduction in overall compensation payments.

The Veteran is seeking a TDIU based on his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records from Social Security Administration and arranging for an examination to assess the impact of his service-connected conditions on his employability.

The Board denied the Veteran's claim for an effective date earlier than October 19, 2000 for TDIU benefits. The evidence did not show that the Veteran was unemployable due to his service-connected disabilities prior to this date.

The Veteran's appeal is remanded to determine if an extraschedular evaluation for his service-connected lumbosacral strain with degenerative disc disease is warranted due to marked interference with employment.

The Board denied the veteran's claim for an initial disability rating in excess of 20 percent for service-connected lumbosacral strain, finding that her condition did not meet the criteria for a higher rating based on the severity of her symptoms and functional impairment.

The Veteran's service-connected lumbosacral strain was granted a disability rating of 20 percent, effective as of December 10, 2008. His right leg radiculopathy continues to be rated at 10 percent.

The Veteran's low back strain disability is rated at 20 percent, effective from the date of his May 2003 rating decision. A separate 10 percent rating for left lower extremity neuropathy is granted since November 12, 2003.

The Board found no evidence of a current lumbosacral disability or DJD of the lumbar spine that was incurred in service, and denied the Veteran's claim for service connection.

The Board found that the Veteran does not have a current diagnosis of narcolepsy and there is no evidence linking his sleep disorder to service. The claim for service connection was denied.

The Veteran's diabetes mellitus was not shown to be related to service, and the presumption of service connection for herbicide exposure does not apply.,Chronic headaches were not shown to have been present during service or are otherwise related to service. The Veteran has no current diagnosis of chronic headaches.,Lumbosacral disorder, including degenerative disc disease (DDD) and arthritis, was not shown to be related to service. The Veteran's low back pain started during service but the condition did not manifest within one year post-service.

The Board has determined that the Veteran's sleep apnea with impaired concentration is related to his active military service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his service-connected PTSD and lumbosacral strain.

The appeal has been withdrawn by the Veteran's authorized representative.

The Board dismissed the motion for revision of its September 25, 2007 decision based on clear and unmistakable error (CUE) due to a remand by the Court.

The Board found that the Veteran's obstructive sleep apnea existed prior to service and was not aggravated therein, thus denying his claim for service connection.

The Veteran's claims for service connection and increased evaluations were denied. The claim for a lumbar spine disability was not reopened due to lack of new and material evidence, while the other claims remain pending.

The Veteran's claim for increased ratings for lumbosacral strain is being remanded due to the need for a new VA examination and consideration of extraschedular evaluation.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's service-connected chronic lumbosacral strain, with bulging disc L4-L5 and disc herniation L5-S1, prevents him from securing or following a substantially gainful occupation.