Sleep apnea Board decisions

The Board has remanded the case due to VCAA notice deficiencies and for additional development of evidence.

The Board found that the reduction of the disability rating for chronic lumbosacral strain from 40% to 10%, effective November 1, 2004, was proper. The veteran's PTSD and IBS were also addressed with increased ratings.

The veteran is entitled to specially adapted housing assistance due to his service-connected chronic lumbosacral strain and loss of use of both lower extremities, which precludes locomotion without the aid of a wheelchair.

The Board denied the veteran's claims for higher ratings for his chronic lumbosacral strain with degenerative joint disease, finding that the evidence did not meet the criteria for a rating higher than 10 percent before January 11, 2008 and a rating higher than 20 percent from January 11, 2008.

The veteran withdrew his appeal prior to the Board's decision.

The Board has determined that the veteran does not have a current diagnosis of sleep apnea, bilateral hip disability, or right foot Achilles tendonitis related to his military service. The claims for these conditions are therefore denied.

The Board found that the reduction in rating from 40 percent to 10 percent for recurrent lumbosacral strain was proper and denied entitlement to an increased evaluation.

The Board has ordered a new VA examination to assess the current severity of the veteran's service-connected lumbosacral spine injury, and instructed the RO to obtain any additional evidence from the veteran. The case is remanded for further development.

The Board has determined that the veteran's sleep apnea had its onset during active service and grants service connection for this condition.

The Board has denied the veteran's claims for service connection for residuals of a low back injury, bilateral hearing loss, and tinnitus. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The veteran has service-connected disabilities rated at 50 percent combined. He does not have an employment handicap and therefore, the requirements for establishing basic entitlement to VA vocational rehabilitation benefits under Chapter 31 are not met.

The Board found no medical evidence to support a connection between the veteran's current low back disability and his service, concluding that any current condition is more likely due to his chronic overweight condition, age, and deconditioning. As such, the claim for service connection was denied.

The Board has determined that the veteran's current cervical spine disability is related to his in-service injury, and service connection for this condition is granted.

The veteran's claim for an earlier effective date for a 10% disability evaluation for his service-connected muscular lumbosacral strain has been denied. The Board found that the increase in severity of symptoms occurred after January 7, 2004 and thus the earliest possible effective date is January 7, 2004.

The veteran's claims for increased evaluations and earlier effective dates for his right shoulder and low back disabilities were denied. The RO found that the evidence did not support higher ratings or earlier effective dates.

The Board found no evidence of a nexus between the veteran's current degenerative joint disease of the lumbosacral spine and his active military service, including any in-service injuries. The claim was denied.

The Board denied the veteran's claims of service connection for diabetes mellitus and sleep apnea, finding no evidence linking these conditions to his military service. The claim to reopen a previously denied psychiatric disability was also denied.

The Board has denied the veteran's claims for service connection for sleep apnea and joint arthritis, as well as his claim for a compensable rating for bilateral athlete's foot. The evidence does not support a finding of current disabilities related to these conditions.

The Board has decided to remand the case for further development, including obtaining additional medical records and arranging for an updated VA examination.

The Board has determined that new and material evidence has not been submitted to reopen the claims of entitlement to service connection for hypertension, bilateral knee disability, left hip trochanteric bursitis, bilateral heel spurs, PTSD, diabetes mellitus, Type II, or sleep apnea. As a result, these claims remain denied.