Sleep apnea Board decisions

The veteran's appeal is being remanded for a Travel Board hearing at the Atlanta, Georgia Regional Office. The case will be returned to the Board if further action is required.

The Board found that the cause of death was an overdose of medications, combined with illegal substances. The service-connected disabilities did not contribute to the veteran's death.

The Board denied an increased evaluation for the veteran's service-connected chronic lumbosacral strain with degenerative joint disease, finding that his disability has been chiefly manifested by pain and no more than a moderate limitation of motion.

The Board has determined that the veteran's service-connected chronic lumbosacral strain syndrome does not warrant a disability rating in excess of 40 percent due to lack of unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the veteran's lumbosacral strain, status post herniated disc L4-5 does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board denied the veteran's claims for increased ratings for spondylosis and spondylolisthesis of the lumbar spine, as well as disc disease of the lumbosacral spine. The RO considered both the old and revised criteria but ultimately determined that a rating in excess of 20 percent was not warranted.

The Board has granted a 40 percent rating for lumbosacral strain, the highest available under current VA regulations.

The Board has determined that the veteran's low back disability is service-connected, but his bilateral knee disability cannot be linked to military service.

The Board has determined that further development is necessary before the claim for service connection for sleep apnea can be decided.

The veteran's appeal for an increased evaluation of her service-connected chronic lumbosacral spine strain is granted, with a final rating of 40 percent effective from the date of this decision. The claim for service connection for bilateral pes planus remains pending.

The veteran's initial evaluations for lumbosacral strain, gastroesophageal reflux, sinusitis with allergic rhinitis, chondromalacia patellae of the right knee, chondromalacia patellae of the left knee, prostatitis, and bilateral flat feet have been denied.

The Board has denied the veteran's claims for service connection for various conditions, including sinusitis, allergic rhinitis, lumbosacral strain, myositis of the shoulders, hips and elbows, difficulty sleeping, generalized weakness and fatigue, and headaches. The denial is based on medical evidence that these conditions were not incurred or aggravated during military service.

The Board has determined that the veteran's sleep apnea is related to his military service and grants service connection for this condition.

The Board denied service connection for inservice exposure to herbicides, including Agent Orange due to the presumption of exposure. The veteran's claims for diabetes mellitus, headaches, and a lumbosacral disorder were also denied as there was no positive association between these conditions and his military service.

The veteran's claim for an increased rating for chronic lumbosacral strain and disc disease is being remanded due to the need for additional development.

The Board denied the veteran's claim for an increased rating for his lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the RO did not provide sufficient information about what evidence would be necessary to reopen the veteran's claim for service connection, and thus the case is being remanded for further action.

The veteran is seeking a specific evaluation for his lumbosacral strain with osteoarthritis, which was granted in June 1997. The case has been remanded due to procedural issues.

The Board found that the veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment, leading to a reduction of his TDIU rating. The motion argues this decision was incorrect due to failure to apply the correct standard for terminating TDIU.

The Board found no direct or indirect relationship between the veteran's lumbar spine disability and her service-connected left knee injury, thus denying her claim for service connection.