Sleep apnea Board decisions

The veteran's low back disability has not met the criteria for an evaluation in excess of 20 percent from November 25, 2002, and from March 23, 2004, for evaluations in excess of 40 percent.

The Board has remanded the case for further development due to insufficient medical evidence to decide whether the veteran is permanently and totally disabled from obtaining and retaining substantially gainful employment by reason of his service-connected left knee and right knee disabilities, and whether locomotion would be precluded without use of a left knee brace or without the use of a left knee brace and a cane.

The veteran's claim for an earlier effective date for a 60 percent evaluation for his low back disability was denied.,The veteran's claim for an earlier effective date for TDIU was also denied.,Service connection for the cause of death was not established.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for extra-schedular consideration. The August 2005 VA opinion indicates that the veteran is unable to secure or follow a substantially gainful occupation as a result of his back disability.

The Board has denied the veteran's claims for service connection for partial impotence, alopecia, and sleep apnea. The evidence does not support a finding that these conditions are related to service.

The veteran's cervical and lumbar spine disabilities are currently rated at 20 percent each, but the evidence does not support a higher evaluation.

The Board denied the veteran's claims for service connection for sleep apnea and initial evaluations for PTSD and IBS. The decision found that new evidence did not establish a direct or secondary relationship between these conditions and military service.

The Board has remanded the case to the RO for further development, including obtaining VA examination reports and treatment records. The veteran's claim for service connection for a back condition will be reconsidered based on all available evidence.

The Board has granted service connection for a cervical spine disability and a lumbosacral spine disability, finding that these conditions were incurred in service.

The veteran's claim for service connection for sleep apnea is being remanded due to the need to obtain medical records. The claim for disability benefits pursuant to 38 U.S.C.A. § 1151 for impotency resulting from prostate surgery is also being remanded.

The Board denied the appellant's claims for increased ratings for lumbosacral strain and right lower extremity radiculopathy, as well as his claim for service connection for arthritis of multiple joints. The RO continued a previously assigned 40 percent rating on the basis of chronic orthopedic manifestations under Diagnostic Code 5293 (2003) and assigned a separate rating for radiculopathy based on chronic neurologic manifestations.

The Board denied the veteran's claims for increased ratings for her service-connected adjustment disorder with mixed anxiety and depression, and lumbosacral strain. The conditions are rated based on their impact on occupational and social functioning.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 40 percent, as it did not meet the criteria for more severe impairment.

The veteran's claim for service connection for retinitis pigmentosa was granted, with the decision finding that it is a direct service-connected condition.

The Board finds that the veteran's chronic lumbosacral strain is likely due to his service, and grants service connection for this condition.

The veteran's claim for an increased evaluation for his service-connected chronic lumbosacral strain with degenerative arthritis is being remanded due to the need for additional development, including obtaining outpatient and inpatient treatment records from VA and scheduling a VA examination.

The Board found that the appellant's current degenerative arthritis of the lumbosacral spine was not incurred or aggravated by service, and denied his claim for service connection.

The Board denied the appellant's claims for service connection for a left knee disorder and for an increased rating for lumbosacral strain prior to August 12, 2004. The claim for an increased rating for lumbosacral strain from August 12, 2004 was also denied.

The Board denied the veteran's claims for service connection and increased evaluations for his left ankle disorder, residuals of left shoulder surgery with degenerative changes, myositis of the lumbosacral spine, and right knee degenerative joint disease and patellofemoral syndrome. The evidence did not support these claims.

The Board denied the veteran's claims for service connection for right knee pain, left knee pain, and lumbosacral strain. The claim for an initial compensable rating for bilateral hearing loss was also denied. However, the veteran's dysthymic disorder was rated at 50 percent since April 20, 2005.