Sleep apnea Board decisions

The Board has remanded the case for additional development, including obtaining VA treatment records and providing VCAA notice. The veteran's claim will be reconsidered based on the new evidence.

The veteran's service-connected degenerative disc changes of the lumbosacral spine are currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Board has determined that the veteran does not have sleep apnea that is causally related to his military service and therefore denied his claim for service connection.

The Board found that the veteran's service-connected lumbosacral strain does not warrant a disability rating in excess of 40 percent, as it is manifested by mechanical low back pain and limitation of motion without unfavorable ankylosis or associated neurological signs.

The Board denied increased ratings for lumbosacral strain and bilateral leg and foot tendomuscular strain with fibrosis, but granted the reopening of a claim to service connect a right knee strain (also claimed as a Baker's cyst/synovitis).

The Board has granted service connection for the veteran's migraine headaches, right wrist disorder, lumbosacral strain/injury, and left shoulder disorder. The decision also addressed evaluations for these conditions, with some issues being granted initial or increased ratings.

The veteran's low back disability was rated at 10 percent from May 19, 2001, to March 25, 2006. From March 26, 2006, the rating was increased to 20 percent.

The Board of Veterans' Appeals has determined that the veteran's lumbosacral strain and arthritis are not due to any event or incident during his period of active service, and thus denied his claim for service connection.

The Board has determined that the veteran's appeal is dismissed as he withdrew his claims for service connection of eczema, including claimed as secondary to herbicide exposure; entitlement to an earlier effective date for service connection of peripheral neuropathy of left lower extremity and entitlement to an earlier effective date for service connection of peripheral neuropathy of right lower extremity.

The Board has denied the veteran's claims for service connection for sleep apnea and hypertension, as well as his claim for an increased evaluation for hemorrhoids. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the etiology of any back or hip disability found.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's sleep apnea had its onset in service.

The Board is requesting additional medical evidence to determine if the veteran's liposarcoma, which was present during service, may be related to his death.

The Board found that the veteran's urinary incontinence did not manifest during service and is not related to his lumbosacral spine disability. The claim for an increased rating of the lumbosacral spine disability was also remanded.

The veteran's bilateral pes cavus with hammertoes and calluses have been granted service connection, effective from November 16, 2005. The right and left knee disorders are not service connected as secondary to his service-connected bilateral hammertoes.

The Board denied the veteran's claims for increased ratings and secondary service connection, finding that his hip fracture was not due to or aggravated by a service-connected right knee disorder. The gastric ulcer was rated as moderately severe but not severe. The low back disability did not meet criteria for higher ratings under either old or new rating criteria.

The veteran's skin condition was not related to his service, and the Board denied his claim for service connection.

The VA determined that the veteran's lumbosacral myositis warranted a 20 percent evaluation, which is higher than his current rating of 10 percent.

The veteran's claim for higher ratings for his low back disability and associated lumbar radiculopathy was denied. The RO found that the evidence did not support a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease at L5-L1, or a rating in excess of 10 percent for left lower extremity, lumbar radiculopathy.

The veteran's breathing problems are attributed to sleep apnea, a known clinical diagnosis. The Board denied service connection as the condition is not due to undiagnosed illness or other qualifying chronic disability.