Sleep apnea Board decisions

The Board has denied the veteran's claims for extension of temporary total disability compensation, service connection for residuals of vasectomy, and a higher rating for bilateral plantar fasciitis. The claim for service connection for stomach condition secondary to medications taken for lumbosacral strain with degenerative disk disease is pending.

The Board denied the veteran's claim for a rating in excess of 10 percent for his lumbosacral strain prior to January 13, 2005 and granted him a 20 percent rating thereafter. The effective date remains pending.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to incomplete medical records. The RO must obtain updated treatment records from VA hospitals and request copies of any other relevant medical records.

The veteran's service-connected disabilities are of such severity as to preclude him from securing and following any form of substantially gainful employment consistent with his education and work experience, warranting a TDIU.

The Board denied the veteran's appeal for an earlier effective date of March 24, 1971, for service connection of thoracic back strain. The case was remanded to obtain additional development and evidence.

The Board finds that the preponderance of evidence is against finding that the veteran sustained lumbosacral fractures while in military service, and lumbar arthritis was not compensably disabling within one year of his separation from active duty. Therefore, residuals of lumbosacral fractures were not incurred in or aggravated by military service.

The veteran's PTSD is granted as it meets the criteria for service connection based on in-service stressors. The claim for sleep apnea remains pending due to insufficient evidence regarding its onset or etiology.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied because his service-connected disabilities do not meet the minimum percentage requirements under 38 C.F.R. § 4.16(a).

The Board found that the veteran's cervical spine condition is not proximately due to or the result of his service-connected lumbosacral strain. The claim for secondary service connection was denied.

The veteran's claims for increased evaluations and service connection were denied. The RO found that the schedular criteria for disability ratings did not meet the requirements under the applicable VA rating criteria.

The Board found that the veteran's back disability was not incurred in or aggravated by service and may not be presumed to have been incurred in service.

The veteran's request for additional vocational rehabilitation training was denied because he did not meet the requirements outlined in the regulations for reentrance into rehabilitation after being rehabilitated.

The veteran's PTSD is rated at 70 percent disabling, and his lumbosacral spine disability is rated at 40 percent disabling.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain with minimal spur and degenerative disc disease (DDD) is being remanded due to the need for additional development, including a VA examination.

The veteran's service-connected lumbosacral spine disability has been rated at 40 percent since September 23, 2002.

The veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy.

The veteran's appeal was denied for all issues, with the exception of his request to withdraw an appeal regarding right ulnar neuropathy.

The Board found that there is no competent evidence linking the diagnosed conditions to service, including any service-connected disabilities. Therefore, the claims for service connection were denied.

The Board has reopened the claim of service connection for retinitis pigmentosa due to new and material evidence submitted since the September 1996 rating decision. The claim will be further developed before deciding its merits.

The Board has denied the veteran's claims for service connection for lumbosacral strain, sleep apnea, hyperlipidemia, residuals of bilateral ankle strains, depression, a disability manifested by nose bleeding (manifested by nose bleeds), and narrowing of the disc space between C5-6 and C6-7. The Board found that these conditions are not related to service or do not meet the criteria for service connection.