Sleep apnea decisions — 2003

The Board found that the veteran's service-connected disabilities rendered him unemployable as of October 26, 1998, and granted a total disability rating based on individual unemployability effective from that date.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain, finding that his symptoms did not warrant a higher rating based on limitation of motion or other criteria.

The Board has determined that the veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded for additional development, including obtaining VA and private treatment records, conducting medical examinations, and issuing a supplemental statement of the case. The issue of a disability rating in excess of 10 percent for lumbosacral strain will also be addressed.

The Board has determined that the veteran's service-connected disabilities include bilateral arm disability, left knee disability, back disorder, hypertension, pinched nerve in both lower legs, sleep apnea, and post-traumatic stress disorder. The appeal is granted for all issues.

The Board has denied the veteran's claims for service connection for residuals of a right knee injury and lumbosacral strain secondary to a right knee injury.

The Board found that the veteran's current sleep apnea disability did not have its onset during his period of service and denied his claim for service connection.

The RO increased the rating for the veteran's lumbosacral strain from 0 to 10 percent, effective July 3, 2001. The DRO again increased it to 20 percent with the same effective date of July 3, 2001 based on more recent VA outpatient treatment records. The veteran continues to appeal for a higher rating.

The Board has denied the veteran's claims for service connection for a psychiatric disability, including post traumatic stress disorder and depressive disorder with psychotic features, as well as for disc disease of the lumbosacral spine. The reasons are not provided in this text.

The Board has determined that the veteran's tinea versicolor is very likely related to service and grants service connection for this condition.

The veteran's appeal has been withdrawn, and the Board does not have jurisdiction to review this case.

The Board has remanded the case for additional development and to cure a procedural defect. The veteran should be afforded a VA examination to determine the nature and extent of his service-connected degenerative joint disease of the lumbosacral spine.

The Board found that the veteran did not incur sleep apnea as a result of his military service and denied his claim for service connection.

The Board found that the veteran's current back problems are not related to his service, and thus denied his claim for service connection.

The veteran withdrew their appeal for increased evaluations of both service-connected conditions.

The veteran's appeal is being remanded for additional development and to cure a procedural defect. The RO must ensure all VCAA notice obligations have been satisfied, provide the veteran with an orthopedic examination, and readjudicate the issues on appeal.

The veteran is seeking a higher disability rating for his service-connected chronic lumbosacral strain with herniated disc, currently rated at 40 percent. The Board has determined that additional development and consideration of the case under revised criteria are necessary before a final decision can be made.

The Board denied the veteran's claim for an increased disability evaluation for his lumbar spine spondylolisthesis with L4-S1 fusion residuals, currently rated at 40 percent.

The Board denied a rating in excess of 40 percent for lumbosacral strain, finding that the criteria were not met. The current evaluation of 40 percent has been maintained.

The Board has granted an effective date of November 9, 1973 for the grant of service connection for lumbosacral strain.

The Board's decision of September 7, 1960 was revised to grant a 20 percent rating for residuals of a compression fracture of the dorsal vertebra and a separate 40 percent rating for chronic lumbosacral strain.