Sleep apnea decisions — 2003

The Board denied the veteran's claims for service connection for PTSD and an increased rating for his chronic lumbosacral muscle spasm, both of which were currently rated at 20 percent.

The Board has denied the veteran's claims for service connection for post-traumatic stress disorder and degenerative disk disease of the lumbosacral spine, as well as his claim for an increased rating for lumbosacral strain. The issues are currently pending due to procedural errors.

The Board denied an increased evaluation for the veteran's service-connected sleep apnea with asthma, currently rated at 50 percent.

The Board has reopened the veteran's claim of service connection for a psychiatric disorder, including PTSD. The case is remanded to allow further development regarding verification of stressor events and examination by a psychiatrist.

The Board has granted service connection for cervical strain and a back condition, and has awarded a 10 percent rating for headaches. The veteran's claims are based on direct evidence of his conditions rather than any presumption or secondary relationship to service.

The Board has determined that the veteran's left hip injury, back strain, and acquired mental disorder are related to her active service. The conditions were found to be directly related without any presumption or secondary connection.

The Board denied the veteran's claims for basic eligibility for educational assistance benefits under Chapter 30 and an extension of the delimiting date for educational assistance benefits under Chapter 1606, finding that she did not meet the criteria for these benefits.

The Board is considering whether new and material evidence has been received to reopen the veteran's previously denied claim for service connection for degenerative arthritis of the lumbosacral spine. If such evidence is found, it will determine if the claim should be granted based on the merits or not.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining treatment records from Dr. Henry Hall and scheduling an orthopedic examination.

The Board denied the veteran's claims for service connection for sleep apnea and an increased evaluation for cervical spine disability. The veteran is not entitled to these benefits.

The veteran is seeking an increased disability rating for his service-connected lumbar paravertebral myositis with degenerative joint disease. The RO has previously assigned a 40 percent disability rating, but the veteran disagrees and wishes to have this decision reviewed under the revised criteria effective September 26, 2003.

The Board has ordered further development due to pending issues and will remand the case for additional examination and consideration.

The veteran's appeal is being remanded due to the need for a new VA examination and notification of changes in spine evaluation criteria. The issue remains about entitlement to an increased rating for lumbosacral strain.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of current right or left ankle disability, and the preponderance of the competent medical evidence was against a finding that his bilateral knee disorder and polyarthralgias with autoimmune inflammatory disease and probable early ankylosing spondylitis are causally related to active service.

The Board has ordered further development due to pending requests for additional evidence. The case will be returned to the RO for obtaining outpatient treatment records and chiropractor's records, and then reviewed again.

The Board has ordered further development due to pending issues regarding service connection for insomnia and obstructive sleep apnea. The case is being sent back to the RO for additional examination and consideration.

The Board found that the veteran does not have a current diagnosis of migraine headaches or a skin disorder that was incurred in service. The veteran's claims for these conditions were denied.

The Board has granted a total disability rating based on individual unemployability due to service-connected lumbosacral strain with degenerative disk disease, which renders the veteran unable to work.

The veteran's service-connected disabilities do not render him unemployable as a result of his own abilities and the lack of available jobs, despite his qualifications.

The Board of Veterans' Appeals has determined that the veteran's intervertebral disc disease and arthritis of the lumbosacral spine are causally related to active service, granting his claim for service connection.