Sleep apnea Board decisions

The Board has granted a 20 percent rating for the veteran's chronic lumbosacral strain with mild osteoarthritic changes at L5-S1 after March 26, 2008. The initial rating prior to that date remains denied.

The veteran's appeal is remanded due to the need for a VA examination to determine if his current low back and cervical spine disabilities are related to service. The mental condition claim is also deferred.

The appellant's claim for a higher initial level of special monthly compensation (SMC) based on the need for special aid and attendance or a higher level of care was denied as his service-connected disabilities do not meet the criteria for SMC under any provision.

The Board found that the evidence did not show a direct link between the veteran's military service and his current sleep apnea, thus denying the claim for service connection.

The Board found that the preponderance of evidence is against a finding that any lumbosacral spine disorder, including spondylolysis with spondylolisthesis of L5 on S1, disk herniation, foraminal stenosis, and arthritis, post-operative fusion, was present in service or related to service. The claim for service connection is denied.

The case is being remanded for further development and adjudication due to conflicting medical evidence regarding the presence of a neurological component in the veteran's service-connected lumbosacral strain.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine is related to his active duty service and granted service connection for this condition.

The Board has determined that the veteran's sleep apnea was not incurred in active service and denied his claim for service connection.

The Board found that the veteran's service-connected lumbosacral spine L1 compression fracture did not warrant an increased evaluation beyond 20 percent, as his symptoms were consistent with a flexion of at least 60 degrees and no evidence of favorable ankylosis or incapacitating episodes.

The veteran has withdrawn all of his claims, including those for service connection and evaluations for various conditions. The appeal is dismissed.

The Board granted an initial rating of 20 percent for the service-connected lumbosacral strain with levorotational scoliosis effective January 19, 2006. The veteran's claim for a compensable rating for psoriasis was also granted.

The Board has remanded the veteran's claims for a higher initial rating for chronic lumbosacral strain to allow further development, including obtaining medical opinions and records.

The Board denied service connection for sleep apnea and rheumatoid arthritis, finding no evidence of a direct or secondary relationship to the veteran's military service.

The veteran's claims for an increased rating and earlier effective date for his service-connected lumbosacral spine disability are being remanded to allow for additional development of the medical records.

The Board found no competent medical evidence linking the veteran's sleep apnea and premature ventricular contractions to his military service, thus denying these claims.

The Board has remanded the case for additional development due to the submission of new evidence by the veteran, including a list of doctors who have provided treatment and a consent form. The RO is instructed to obtain updated VA treatment records from the VAMC in Atlanta and any other facility identified by the veteran or in VA records at which treatment has been provided.

The Board has granted a 10 percent disability rating for the veteran's service-connected hypertension, effective from the date of the decision. The initial compensable rating for rhinitis medicamentosa is denied.

The veteran's claims for an increased rating for lumbosacral spondyloarthritis and TDIU are being remanded due to the need to obtain Social Security Administration records.

The Board dismissed the appeal due to the veteran's death, and thus no effective date earlier than May 19, 1999 for service connection of retinitis pigmentosa is granted.

The veteran's service-connected low back injury is not productive of more than moderate limitation of lumbar spine motion for the period beginning July 6, 2006. Therefore, a higher initial evaluation in excess of 20 percent is denied.