Sleep apnea Board decisions

The Board denied the veteran's claim for an increased disability rating for his service-connected lumbosacral strain, finding that there was no evidence of unfavorable ankylosis and thus not meeting the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The VA denied an increased rating for the veteran's degenerative joint disease of the lumbosacral spine, currently evaluated at 40 percent.

The veteran has been granted service connection for lumbosacral spine strain/contusion, but denied service connection for right hip and leg disorders.

The veteran's claims for increased ratings for his low back disability and bilateral knee disabilities were denied. The RO found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 20 percent, as his range of motion is within the criteria for a 20 percent rating.

The Board has remanded the case for further development, including obtaining alternative forms of evidence and scheduling a VA examination if necessary. The veteran's claims for service connection for deviated septum and sleep apnea are pending.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint disease was denied, as the current evaluation of 40 percent is considered appropriate based on the severity of his symptoms and functional impairment. The claim for TDIU due to service-connected disabilities was also denied.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the appellant does not have any disability due to undiagnosed illness as a result of service in the Southwest Asia Theater during the Persian Gulf War, and therefore denied all claims for service connection.

The veteran's low back disorder is found to have existed prior to service, and the Board finds that it did not clearly and unmistakably exist prior to service. The examiner must state whether or not it is at least as likely as not (i.e., probability of 50 percent) that the veteran's current low back disorder was caused by active military service.

The veteran's appeal for fee-basis care was dismissed as there is no issue of fact or law before the Board pertaining to his claim.

The Board has remanded three distinct sub-claims regarding the veteran's back condition for further review.

The veteran's claims for increased ratings and service connection have been denied. His degenerative disc disease of the lumbosacral spine remains at a noncompensable rating, while his right hip strain is also rated as noncompensable. Service connection for a respiratory disability was not established.

The Board has determined that the veteran's obstructive sleep apnea had its onset during his period of active duty service and is therefore granted service connection.

The Board granted service connection and assigned initial ratings for the veteran's disabilities, including chronic lumbosacral spine strain with early degenerative disc disease, cervical spine disability (status post anterior fusion C4 through C6), residual right upper radiculopathy, and chronic left knee strain. The veteran was not granted an evaluation in excess of 10 percent for any condition.

The Board has determined that the veteran's current sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for further development, including obtaining medical records and conducting a VA examination to assess the veteran's lumbar spine and thoracic spine disabilities. The appeal involves evaluating whether there are flare-ups, chronic pain, and functional loss in these disabilities.

The Board denied the veteran's service connection claim for a low back disability and his increased rating claim for PTSD. The Board found that there is no objective evidence showing that the veteran currently has a chronic disability of the low back, and thus denied the claim. For PTSD, the Board determined that the current 30 percent evaluation adequately reflects the severity of the condition.

The veteran's low back disability is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher evaluation.