Sleep apnea decisions — 2003

The veteran's claims for increased evaluations and service connection are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000, including notification requirements under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159.

The Board granted an increased evaluation of 40 percent for lumbosacral strain, finding that the veteran's condition resulted in additional functional loss due to pain and severe impairment.

The Board has granted service connection for lumbosacral strain or other low back disability and assigned a 30 percent rating. The claim of service connection for residuals of head injury was resolved, and the issue of increased psychiatric rating based on organic brain disorder with alcohol dependence is addressed in the remand portion.

The Board has granted service connection for left knee patellar dislocation and residuals of a sprained right ankle with instability. Service connection for lumbosacral strain with herniated and degenerative disc disease is not addressed as the issue status is unknown.

The veteran's initial ratings for his service-connected disabilities have been denied. The left ankle disability remains at a 20% rating, the right shoulder at a 10% rating effective March 1995, and the lumbosacral spine at a 60% rating since April 30, 2001.

The Board has granted an initial evaluation of 40 percent for the veteran's service-connected lumbosacral strain with discogenic disease L4-5 and bulging annuli L1-2 and L5-S1, effective June 2, 1998.

The veteran's claim for service connection for bilateral hearing loss was granted. The claims for increased evaluations of the lumbar strain, right and left knee disabilities, and hemorrhoids were also granted.

The Board has granted service connection for sleep apnea and chronic paranoid schizophrenia, finding that these conditions are related to the veteran's period of active duty.

The Board has granted a 60 percent rating for the service-connected lumbosacral strain and found that the veteran's loss of use of both lower extremities due to his service-connected disability meets the criteria for specially adapted housing. The claim for a special home adaptation grant is denied as it does not meet the legal requirements.

The veteran's appeal is being remanded for further development due to the invalidation of certain regulations by a court decision. The case will be returned to the Board with additional evidence and consideration.

The Board has determined that the veteran's lumbosacral spine disability, diagnosed as spondylolysis, spondylolisthesis and bulging disc at L4-5, is due to an injury incurred during his period of active military service. As such, the claim for service connection is granted.

The VA denied the veteran's claims for a higher rating for his varicose veins and for a total disability rating based on individual unemployability due to service-connected disabilities. The case is being remanded for further development.

The veteran's claim of entitlement to an increased rating for service-connected lumbosacral strain is being remanded due to the need for additional development and review.

The Board has ordered further development due to the need for additional evidence. The case is now remanded to the RO for specific actions, including obtaining VA medical records and arranging a neurological examination.

The Board has determined that further development of the case is required due to missing treatment records. The veteran's claim for an increased evaluation for his service-connected lumbosacral strain will be remanded for additional development.

The Board denied service connection for obstructive sleep apnea/upper airway resistance syndrome, finding that the veteran's condition was not incurred in active service or due to an undiagnosed illness in a Persian Gulf veteran. The increased rating claims for tendonitis of feet were also denied.

The Board of Veterans' Appeals has granted an evaluation of 20 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine with chronic low back pain, effective from September 9, 1988. The veteran appealed a decision denying an evaluation in excess of 20 percent.

The veteran's claim for a higher rating for his low back disability was remanded due to the need for additional development and evidence.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine if the veteran's conditions are related to his military service.

The Board has decided to remand the veteran's claim for sleep apnea as there are procedural issues and missing records need to be obtained.