Sleep apnea Board decisions

The Board has determined that the veteran's DDD, DJD, and chronic lumbosacral strain do not warrant a rating higher than 40 percent prior to December 30, 1998, or from December 30, 1998.

The veteran's appeal is remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to secure and maintain gainful employment.

The veteran's service-connected sleep disorder, now diagnosed as central sleep apnea, warrants a staged rating of 10 percent prior to March 31, 2003 and 50 percent from that date.

The Board has denied the veteran's claims for service connection and a compensable rating for various conditions, finding that the evidence does not support a grant of these benefits.

The Board found that the veteran's lumbosacral strain warrants a 20 percent evaluation, which was the initial rating assigned. The TDIU claim was also granted.

The veteran's appeal is dismissed due to the death of the appellant.

The VA denied the veteran's claims for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine and also denied his claim for service connection for a spine disability other than the already service-connected condition. The VA found that the veteran's current disability did not warrant a higher evaluation based on the criteria provided.

The Board has determined that the veteran's death was due to his service-connected diabetes mellitus, type 2, which is presumed for veterans who served in Vietnam. As a result, the cause of the veteran's death is now considered service connected.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a lumbosacral strain. The veteran's pre-existing low back condition is considered to have existed prior to his active service, but there is no clear and unmistakable evidence showing it was not aggravated by service.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease of the lumbosacral spine and left paracentral disc protrusion, status post fracture, with anterior wedging of the thoracic spine. The RO initially evaluated both conditions as 20 percent disabling under Diagnostic Codes 5293 (for intervertebral disc syndrome) and 5285 (for residuals of vertebral fracture), respectively.

The veteran's claims for left ankle, lumbosacral spine, and thoracic spine disabilities were denied as they did not have their onset during active military service or due to exposure to any presumptive conditions.

The VA determined that the veteran's service-connected lumbosacral spine injury does not warrant a rating higher than 10 percent.

The veteran's claims for increased evaluations for temporomandibular joint dysfunction and lumbosacral spine disorder have been granted, with a 10 percent evaluation assigned for each condition.

The Board has granted a 40 percent disability rating for the veteran's low back disability, effective February 14, 2006.

The Board has determined that the veteran's low back disability, described as herniated nucleus pulposus status post laminectomy & discectomy, lumbosacral spine, was not incurred in or aggravated by his active duty service.

The Board has determined that the veteran does not have a current diagnosis of sleep apnea and there is no evidence linking his service-connected residuals of Caldwell-Luc procedure to any current disability, including sleep apnea. Therefore, the claim for service connection for sleep apnea was denied.

The Board has denied the veteran's claims to reopen his service connection for lumbosacral strain and bilateral pes planus as no new and material evidence was received.

The Board found no evidence to support the veteran's claims of service connection for chronic lumbosacral strain and left knee disability, both claimed as secondary to his service-connected right knee injury. The claim for an increased rating for residuals of right knee injury was also denied.

The Board has remanded the case due to the need for additional medical examinations and review of records.

The Board has determined that the veteran's lower back pain during service was an acute and transitory injury related to lifting heavy objects, and there is no evidence of chronicity. The Board also found no nexus between current lumbosacral strain or degenerative disc disease and service.