Sleep apnea Board decisions

The Board found that the appellant does not have a hearing loss disability for VA compensation purposes and did not find service connection for exogenous obesity, sleep apnea, hypertension, or hypogonadism due to lack of evidence linking these conditions to service.

The VA determined that the veteran's sleep apnea requires a CPAP machine but does not meet the criteria for a higher rating as it has not resulted in chronic respiratory failure or necessitated a tracheostomy.

The Board has denied the veteran's service connection claims for hypertension, gout, lesion of the right oral buccal mucosa, and lipoma of the left shoulder as there is no evidence of these conditions during or within one year after active duty.

The Board has determined that the veteran's service-connected chronic lumbosacral strain with degenerative changes warrants a 10 percent rating, and his mild incomplete paralysis of the sciatic nerve of the right leg warrants a separate 10 percent rating. The veteran is not entitled to higher ratings based on incapacitating episodes or other criteria.

The veteran's claims for increased ratings and effective dates were denied. The RO found that the evidence did not meet the criteria for higher disability ratings under the applicable rating criteria.

The Board has determined that the veteran's sleep apnea was not incurred in service and is not related to his sinusitis. The case is being remanded for further development regarding the rating of PTSD.

The veteran's service-connected disabilities alone do not prevent him from obtaining substantially gainful employment.

The Board denied the veteran's increased rating claim for his lumbosacral spine disability and did not address the earlier effective date issue related to service connection for bilateral hip avascular necrosis with loss of use of both legs.

The veteran's claim for higher ratings for his thoracic and lumbosacral spine disability, GERD, and mouth ulcers was denied. The VA found that the evidence did not support a rating in excess of 10 percent for the back condition.

The Board has remanded the case for further development due to a need for a new VA examination and consideration of all evidence, including the veteran's complaints and his former wife's observations.

The veteran's claims for higher ratings for cervical and lumbosacral spine disabilities, as well as a compensable rating for cutaneous neuritis of the left thigh, were denied. The claim for service connection for migraine headaches was also denied.

The veteran's lumbosacral spine, right knee, and left knee disabilities do not meet the criteria for increased ratings.

The Board has determined that the veteran's degenerative disc disease at L2-3 was incurred in service, and thus grants service connection for this condition.

The Board has determined that the veteran's left knee and lumbosacral spine disabilities do not warrant an evaluation in excess of 10 percent, as there is no evidence of instability or ankylosis. The veteran's symptoms are adequately addressed by the current 10 percent ratings.

The Board found that the veteran's spinal disorders did not warrant a higher rating prior to January 18, 2000. The RO had previously denied increased ratings for cervical and lumbosacral spine conditions in June 1997 and October 1998, respectively. After reviewing medical evidence from January 18, 2000, the RO determined that the veteran's symptoms more nearly approximated the requirements for a 60 percent evaluation.

The VA denied the veteran's claim for an initial compensable rating for mechanical low back pain/lumbosacral strain, finding that his range of motion did not meet the criteria for a compensable rating.

The veteran's residuals of a fracture, T-12 and L-1, with lumbosacral strain are currently rated at 10 percent. The VA has granted an increased evaluation to reflect the severity of his disability.

The VA determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher rating, as it did not result in incapacitating episodes of intervertebral disc syndrome, nor did it cause limitation of motion or neurological impairment severe enough to warrant an increased rating.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that a 40 percent disability rating is warranted for the veteran's service-connected degenerative disc disease of the lumbar spine, effective from the date of the initial decision in June 1995.