Sleep apnea Board decisions

The Board dismissed the appeal due to the veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claim for an initial rating in excess of 40 percent for his service-connected residuals of degenerative joint disease of the lumbosacral spine at L4-L5, finding that the evidence did not support a higher rating.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected low back disorder, finding that while he is unable to work due to his condition, it does not meet the criteria for TDIU as defined by VA regulations.

The Board finds that the criteria for a compensable disability rating for obstructive sleep apnea are not met, as there is no objective evidence of persistent daytime hypersomnolence and the veteran does not use his CPAP machine.

The Board has determined that the veteran's chronic lumbosacral strain is not related to his service and therefore denied his claim for service connection.

The Board denied the veteran's claim for an increased rating for her lumbosacral strain and did not address her Bell's palsy application to reopen. The RO previously denied both issues in June 2002 and February 2005, respectively.

The veteran's service-connected degenerative disc disease with spondylosis, lumbosacral spine is currently rated at 20 percent, which represents an increase from the initial 10 percent evaluation assigned in December 2002.

The veteran withdrew his appeals for increased ratings of his lumbosacral spine, right knee, and left ankle disabilities in a March 2004 letter.

The veteran was granted a 50% disability rating for sleep apnea effective December 5, 2001. The claim is denied as there is no legal basis to grant an earlier effective date.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for sleep apnea. The veteran's claim for service connection for bronchitis remains denied.

The veteran's service-connected prostate cancer resulted in a 60 percent rating from January 30, 2003. The Board found that his degenerative joint disease of the lumbosacral spine is secondary to his prostate cancer and granted service connection for this condition.

The Board found that the veteran's service-connected lumbosacral strain, with degenerative joint disease and degenerative disc disease, did not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's service-connected lumbosacral strain does not render him unemployable due to his disability, as it is rated at 20% and does not meet the criteria for TDIU.

The Board has determined that the appellant does not have a current disability of the right hand or arm related to VA medical treatment. The lung disability and syncope are unrelated to military service or any incident or injury incurred during service.

The Board has denied the veteran's claims for service connection for a fungal rash of the skin of his feet, residuals of congenital abnormalities of the lumbosacral spine, and arthritis of the lumbosacral spine and multiple joints of the upper extremities. The evidence does not support these claims.

The veteran's lumbar spine disability is rated at 60 percent, and his cervical spine disability remains at 20 percent.

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

Effective September 18, 1989, the veteran received service connection for a post-operative scar, residuals of lumbar spine fusion and a 40 percent rating.,The veteran's right lumbosacral radiculopathy was rated at 10 percent effective September 23, 2002.,PTSD was granted with a 100 percent rating effective June 1, 1997.,Bilateral sensorineural hearing loss claim was denied.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine, postoperative status, and denied service connection for PTSD. The veteran's low back disability is found to be related to in-service parachute jumps, while his PTSD claim was not supported by credible evidence of an in-service stressor.

The Board has determined that there is no competent medical evidence showing a current back disorder related to service, and thus the claim for service connection for a back disorder is denied.