Sleep apnea Board decisions

The Board denied the appellant's claim for DIC benefits under 38 U.S.C. § 1318 because the veteran did not meet the requirement of having a total service-connected disability rating for at least ten years prior to his death.

The Board found no evidence of a chronic back condition during service and concluded that the veteran's current low back pain is not related to his military service. The claim for service connection was denied.

The veteran's right knee disability is rated at 40 percent, and service connection for his low back disorder due to aggravation of a pre-existing condition by the service-connected knee disorder is granted.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease does not warrant a higher rating as his disability is currently evaluated at 40 percent.

The veteran's service-connected disabilities, particularly his back and leg disorders, render him unable to protect himself from the hazards or dangers incident to his daily environment. The Board finds that he is in need of regular aid and attendance.

The Board has determined that the veteran's lumbosacral spine disability warrants a 60 percent rating as of March 30, 1998.

The Board has denied the veteran's claims for service connection for sleep apnea and temporomandibular joint (TMJ) dysfunction as there is no medical evidence to support that these conditions began during his period of active service.

The Board denied the veteran's claims for service connection and increased ratings for various conditions, finding that there was no clear evidence of aggravation by service or other medical evidence linking these conditions to his military service.

The Board found no evidence linking the veteran's current lumbosacral spine and cervical spine disabilities to his period of service, thus denying these claims.

The Board has denied the veteran's claims of service connection for migraine headaches, chronic cervicodorsal sprain, and chronic lumbosacral sprain. The claim for an initial evaluation of service-connected bipolar disorder type II in excess of 10 percent is remanded.

The Board found that the veteran's service-connected low back disability, manifested by complaints of pain and normal lumbar range of motion, does not meet the criteria for a higher rating than 10 percent.

The veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; he does not have an employment handicap.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain, left ankle disability, and left knee disability. The appeals were not about service connection.

The Board found that the veteran's current lipomas, fibromyalgia, and sleep apnea were not incurred or aggravated during service. The RO denied his claims for service connection in April 1982, which became final.

The Board denied the veteran's claim for service connection as his degenerative disc disease of the lumbosacral spine was not incurred or aggravated in his active duty service and is not presumed to be related.

The veteran's low back disability has been primarily manifested by pain on use with 90 degrees of flexion and mild neurological symptoms in each leg. The RO denied a higher rating, finding the condition did not meet criteria for an evaluation in excess of 20 percent.

The Board found that the veteran's lumbosacral strain did not meet the criteria for an evaluation in excess of 40 percent prior to September 26, 2003. Since then, it has not met the criteria for a higher rating.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and PTSD, maintaining their current disability ratings of 20 percent and 30 percent respectively.

The Board has remanded the case for further development due to incomplete notification and a need for VA medical examination.

The Board denied an increased disability evaluation for the veteran's lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.