Sleep apnea Board decisions

The Board found no objective indications of a chronic undiagnosed illness manifested by muscle and joint pain. The veteran's complaints were attributed to known clinical diagnoses, such as low back strain, cervical strain, patellofemoral joint disturbance, and shoulder tendonitis.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 40 percent evaluation, effective from September 26, 2003.

The Board found that the veteran's service-connected lumbosacral strain is primarily manifested by back pain and limitation of motion, with no evidence of ankylosis. The claim for increased ratings for right and left knee disabilities was not addressed in this decision.

The case is being remanded for additional development, including obtaining Social Security Administration records and medical records from private providers. The veteran must also be scheduled for a VA examination to assess the severity of her service-connected low back disability.

The Board has determined that the veteran's service-connected low back strain warrants a 40 percent disability rating, effective as of the date of the June 2005 rating decision. The veteran was previously rated at 20 percent.

The Board denied the veteran's requests for increased ratings for his lumbosacral strain and mood disorder with depressive features, as the current evaluations are considered appropriate based on the evidence of record.

The Board found that the reductions in disability ratings for anemia and lumbosacral strain were proper, as there was no evidence of improvement warranting a higher rating. The claim for restoration of the original ratings is denied.

The veteran's service connection claims for various disabilities are granted, with a 10 percent rating assigned for the upper gastrointestinal disability (GERD).

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his service-connected degenerative disc disease (DDD) of the lumbosacral spine with limitation of motion, finding that the disability did not meet or approximate criteria for a higher rating based on the evidence of record.

The Board has determined that the veteran does not have a current diagnosis of PTSD, and there is no evidence linking any of his current disabilities (pseudofolliculitis barbae, sleep apnea, or hypertension) to service. Therefore, service connection for these conditions cannot be granted.

The VA determined that the veteran's lumbosacral strain does not meet the criteria for an evaluation in excess of 10 percent, as there is no evidence of moderate limitation of motion or other symptoms warranting a higher rating.

The veteran's appeal is being remanded for further development, including a new VA examination and the acquisition of recent medical records. The issues on appeal are service connection for a sciatic nerve disability and an increased rating for lumbosacral strain with osteoarthritis.

The veteran's appeal is being remanded for further development, including a VA examination to assess his lumbosacral spine disability and consideration of both old and new rating criteria. The effective date issue will also be deferred pending resolution of the increased rating claim.

The Board has decided to remand the case for further development due to additional evidence and argument received from the veteran.

The VA determined that the veteran's low back disability, which is currently rated at 40 percent disabling, does not warrant an increased rating. The evidence did not show any significant neurological impairment or incapacitating episodes requiring bedrest prescribed by a physician.

The Board has granted an effective date of March 17, 2000 for a 40 percent evaluation for the service-connected lumbosacral strain. The veteran's claims for increased evaluations for his radiculopathy and lumbosacral strain are pending.

The Board has determined that the veteran's sleep apnea and fatigue are not related to his military service, with the exception of chronic fatigue syndrome being presumed due to his service in the Persian Gulf War. The preponderance of evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board denied service connection for a back disability on the basis that there was no evidence of a nexus between the current condition and military service.

The Board has denied the veteran's claim for service connection for sleep apnea, finding that there is no competent evidence of its onset during military service.

The veteran withdrew his appeal concerning issues 2 through 9, leaving only the claims for major depressive disorder and whether new and material evidence has been received to reopen a claim of entitlement to service connection for diabetes mellitus.