Sleep apnea decisions — 2003

The veteran withdrew his appeals for the issues of entitlement to service connection for sleep apnea, temporary total evaluation under the provisions of 38 C.F.R. § 4.29 due to hospitalization for a service-connected disability in April 1999, and temporary total rating under the provisions of 38 C.F.R. § 4.30 for a period of convalescence following hospitalization in April 1999.

The Board has dismissed the veteran's appeal on his claim for service connection for gastroesophageal reflux disease, including due to an undiagnosed illness. The initial compensable rating claim for a scar residual of a left lateral compartment fasciotomy is denied as the condition does not meet the criteria for a 10% rating under any applicable diagnostic codes.

The veteran's service-connected low back disability does not meet the criteria for vocational rehabilitation training as his employment is suitable to his service-connected disability and he has no significant impairment in employability.

The VA denied service connection for the cause of the veteran's death, concluding that his cardiovascular disorder was not related to his military service and did not contribute substantially or materially to his death.

The Board has remanded the case due to incomplete service records and other procedural issues. The veteran's claims for left ankle pain and sleep apnea are pending.

The Board has determined that the veteran's arthritis of the lumbosacral spine is related to his service-connected right foot disability, and thus grants service connection for this condition. The issue of entitlement to service connection for a right hip disability remains pending.

The Board has reopened the veteran's claim for service connection for a low back disability characterized as L5-S1 disc herniation and lumbosacral myositis, finding that new evidence received since the September 1999 denial relates to an unestablished fact necessary to substantiate the claim.

The Board has determined that the veteran's sleep apnea is aggravated by his service-connected sinusitis, and thus grants service connection for this condition on a secondary basis.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The veteran's claims for increased ratings and service connection have been denied. The case is pending further development.

The veteran's appeal is being remanded for further development of his medical records and examination reports.

The Board has denied the veteran's claims for service connection for depression, increased ratings for lumbosacral strain and heart murmur, and a total rating based on unemployability due to service-connected disability.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination. The appellant's claim for an increased rating for his service-connected lumbosacral strain with degenerative changes is being reconsidered, as are issues related to TDIU.

The veteran's service-connected migraine headaches have been characterized by frequent attacks occurring once a month, qualifying for a 30 percent disability rating. The initial 10 percent rating for lumbosacral strain with degenerative disc disease is maintained.

The veteran's initial and increased evaluations for cervical spine disability from noncompensable to 20 percent effective in June 2002, and lumbosacral spine disability from 10 to 20 percent effective in June 2002 have been granted.

The Board denied the veteran's claim for a permanent and total disability evaluation for pension purposes in February 1998. The RO reopened his claim on July 21, 1998, and assigned that date as the effective date of his award.

The Board has granted the veteran's claims for service connection for right knee degenerative changes and lumbosacral strain syndrome, both secondary to his service-connected left medial meniscectomy with traumatic arthritis.

The Board has granted a 20 percent rating for the veteran's left knee disability, effective from September 1, 1997. The claim for increased rating of lumbosacral strain is pending and will be addressed in the REMAND portion.

The Board finds that the RO's decision to increase the veteran's rating for lumbosacral strain from 10 percent to 40 percent, effective April 20, 2001, is not the highest possible rating available under the rating schedule. The appeal continues.

The Board has determined that the veteran's spine disabilities were 10 percent disabling more than a year prior to July 27, 1994. Therefore, effective dates of July 27, 1994 are granted for the initial evaluations.