Sleep apnea decisions — 2003

The Board is considering whether there was clear and unmistakable error in the November 1963 rating decision, as well as earlier effective dates for TDIU and a higher disability rating. The veteran's service-connected lumbosacral strain has been linked to his degenerative disc disease.

The Board has granted service connection for lumbosacral strain and assigned a 10 percent disability rating effective October 13, 2000. The veteran's claim was denied as she sought an increased rating.

The Board has determined that the veteran's sleep apnea and hypertensive cardiovascular disease including hypertension are as likely as not caused by or aggravated by his service-connected residuals of submucous resection.

The Board has denied the veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine, status post discectomy at L5-S1 on the left.

The Board has granted service connection for right ear hearing loss. The remaining claims of service connection for allergic rhinitis and lumbosacral strain must be remanded due to the need for additional medical evidence.

The Board has remanded the case due to issues raised by the veteran's representative and additional development is required.

The Board has granted service connection for PTSD and assigned a 100% evaluation, effective from March 1998. The veteran's other claims are pending.

The veteran's appeal is being remanded for compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and to obtain a VA spine examination.

The Board has granted service connection for cervical spine degenerative arthritis and lumbosacral spine degenerative arthritis, finding that these conditions originated during wartime service.

The Board has ordered further development due to pending issues regarding the veteran's lumbar spine disorder. The case is now remanded for additional examination and review.

The Board denied the veteran's claims for service connection for a cervical spine disability on a secondary basis and an increased rating for lumbosacral strain, finding no relationship between his cervical spine disability and his service-connected lumbosacral strain or left ankle sprain. The temporary total disability rating under 38 C.F.R. § 4.30 was also denied.

The Board found no evidence linking the veteran's current low back disability to his service, and denied his claim for service connection.

The veteran failed to report for a scheduled VA examination, resulting in the denial of his increased rating claims.

The veteran's service connection for sleep apnea was granted. The issues of service connection for Hepatitis B, Porphyria Cutanea Tarda, Hepatocellular Liver Disease secondary to Hepatitis C infection, Degenerative Joint Disease of the Cervical Spine and Degenerative Disc Disease C5-6 with Mild Neural Foraminal Encroachment, and Post-Traumatic Stress Disorder (PTSD) were all granted. The veteran's service connection for bilateral high frequency sensorineural hearing loss is pending.

The Board denied the veteran's claim for an effective date earlier than January 17, 2001, for service connection of lumbosacral strain due to failure to report for a VA examination and insufficient evidence in the record.

The Board found that the veteran's obstructive sleep apnea was incurred in service, resolving all reasonable doubt in favor of the veteran.

The veteran's claim for an increased rating for degenerative joint disease of the lumbosacral spine is being remanded due to additional evidence received and procedural issues.

The Board has remanded the case for further development and review, including obtaining updated medical records and arranging for VA examinations to assess the current severity of the veteran's service-connected disabilities.

The Board dismissed the veteran's appeals for initial increased ratings and compensable evaluations for his service-connected disabilities due to his withdrawal of appeal.

The Board found that the veteran's disabilities do not meet the criteria for a permanent and total disability rating for pension purposes, as his physical disabilities are not permanently disabling.