Sleep apnea decisions — 2003

The Board has remanded the case for additional development, including obtaining VA and private medical records, conducting new VA examinations, and evaluating the veteran's disability under both old and new rating criteria.

The Board denied the veteran's claim for improved pension benefits for the period October 1, 1996, through July 31, 1997 due to his annual income exceeding the maximum pension rate.

The VA determined that the veteran's service-connected ankylosing spondylitis and lumbosacral strain with degenerative changes do not warrant a rating higher than 40 percent.

The Board has determined that the veteran's current sleep apnea is related to his period of active service, and thus grants the claim for service connection.

The veteran's claims for increased evaluations for his service-connected disabilities of a left knee, degenerative joint disease of the lumbosacral spine, and traumatic arthritis of the cervical spine were denied by the RO.

The Board has determined that the veteran's current low back disability, chronic lumbosacral strain, is related to service and grants service connection for this condition.

The veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's lumbosacral pain syndrome does not warrant an evaluation in excess of 20 percent.

The veteran's lumbosacral compression fracture L4 with deformity L3-4 with moderate disc narrowing L5-S1 is rated at 20 percent, and his GERD is rated at noncompensable. The 'old' criteria for intervertebral disc syndrome are more favorable than the 'new'.

The veteran's claims are being remanded to the RO for additional development and consideration under the Veterans Claims Assistance Act of 2000. The RO must ensure compliance with all provisions of this act, including notification requirements and readjudication based on new evidence.

The veteran's right shoulder disorder was granted service connection and assigned a 10 percent rating effective from August 1, 2000.,Service connection for degenerative arthritis of the lumbosacral spine was granted with an effective date of June 10, 1999.

The veteran's nonservice-connected disabilities, including arthralgia of the lumbosacral spine and hypertension, render him unemployable, meeting the requirements for a permanent and total disability rating for pension purposes.

The Board has denied the appellant's claims for increased ratings for her service-connected keratoconus of the right eye, lumbosacral strain, and thoracic strain.

The Board denied the appellant's claims for increased ratings for his lumbosacral and right knee disabilities, as well as his claim of entitlement to service connection for a left knee condition as secondary to the service connected back and right knee conditions.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the amended rating criteria for spinal disabilities.

The Board found that the veteran's death was due to his service-connected lymphangiosarcoma, which is a disease presumptively associated with Agent Orange exposure. The claim for service connection for the cause of death is granted.

The Board denied an increased evaluation for the service-connected lumbosacral strain and did not reopen the claim for diabetes mellitus or grant service connection for ulcers. The veteran's low back strain is currently rated at 10 percent, which includes characteristic pain on motion.

The Board denied the veteran's claims for increased evaluations for his service-connected bilateral pes planus and lumbosacral strain, both currently rated at 10 percent.

The Board found no evidence to support the veteran's claims for service connection for various conditions, including those claimed as a result of undiagnosed illness. The Board concluded that none of the claimed disabilities were incurred in or aggravated by service.

The Board denied the veteran's claims for increased ratings and service connection, finding that his chronic lumbosacral strain did not warrant a higher rating based on severe impairment or loss of motion. The right knee condition was found to be unrelated to the service-connected conditions.