Sleep apnea Board decisions

The Board denied the veteran's claim for an effective date prior to May 24, 2000 for the grant of service connection for chronic lumbosacral strain with degenerative joint disease due to lack of a valid claim before that date.

The VA denied the veteran's claim for an increased rating for his service-connected low back disability, finding that the evidence did not show any incapacitating episodes or other factors warranting a higher rating.

The Board has determined that the veteran's chronic lumbosacral strain/sprain is service connected, but his hypertension was not incurred in or aggravated by active duty.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional examinations and development of medical records.

The Board denied the veteran's claims for service connection for sleep apnea, a skin disorder, a respiratory disorder, and a peripheral nerve disorder, all of which were related to an undiagnosed illness as a result of service in the Southwest Asia theater during the Persian Gulf War.

The Board found that the evidence did not establish a direct service connection for sleep apnea or heart condition, and thus denied both claims.

The Board has determined that the veteran's lumbosacral strain, including myofascial pain syndrome, warrants a 20 percent rating under the applicable criteria.

The veteran's lumbosacral spine disorder and myositis are rated at 40 percent, the highest possible rating under the old criteria. The Board has granted this evaluation as it is not in excess of what was previously assigned. For TDIU, the veteran meets the criteria due to his service-connected disabilities resulting from common etiology or single accident.

The veteran's service-connected lumbar spine disability was rated at 40 percent from October 17, 1996 to March 3, 2003 and from July 1, 2003 to the present. The Board found that his symptoms warranted a higher evaluation due to pronounced intervertebral disc syndrome.

The veteran's cervical/trapezius strain, thoracic strain, and lumbosacral strain with disc disease have been rated as 10 percent disabling since April 22, 1994, and increased to 20 percent disabling from December 23, 2002. The appeal is granted.

The veteran claims service connection for obstructive sleep apnea syndrome, but the case is being remanded to search for in-service records and determine if his current condition is related to service.

The Board has remanded the case for further development to determine the appropriate rating and service connection status of the veteran's low back disability.

The veteran's appeal is being remanded to obtain VA treatment records and for a VA examination to determine the extent of his service-connected back disability, including any arthritis or disc disease.

The Board has granted a 20 percent rating for lumbosacral strain since January 31, 2005. Prior to that date, the veteran's disability was rated at 10 percent.

The veteran's appeal for an earlier effective date for the grant of TDIU rating prior to April 27, 1992 is dismissed as this date has now been assigned by the RO. The issue of an initial evaluation in excess of 60 percent for his service-connected lumbosacral spine disorder remains on appeal.

The Board denied the veteran's claims for an increased rating for PTSD and TDIU, finding that his PTSD alone did not warrant a higher disability evaluation or preclude substantially gainful employment.

The Board has granted service connection for the veteran's daily headaches, finding that they are in part secondary to medications he takes for his service-connected myofascial pain syndrome of the lumbosacral spine.

The Board denied the veteran's claims for increased ratings for her lumbosacral strain and right foot disability, finding that the evidence did not meet the criteria for a compensable or higher rating during the periods in question.

The Board has remanded the case for additional development due to new evidence submitted by the veteran and his representative.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, bilateral hearing loss, tinnitus, a right knee disability, and a back disability. The evidence did not support these claims.