Sleep apnea decisions — 2003

The Board has ordered further development due to the need for additional evidence and clarification. The case is now remanded to the RO for examinations and a supplemental statement of the case.

The veteran's depression is granted as secondary to his service-connected lumbosacral spine disability. The issue of a total rating based on individual unemployability due to service connected disabilities will be remanded.

The Board denied the veteran's claim for service connection due to lack of new and material evidence, but reopened the claim based on additional medical records. The RO then determined that there was insufficient evidence to establish a link between the veteran's current lumbosacral spine disorder and his active service.

The veteran's disabilities, including degenerative disc disease of the lumbosacral spine and tendonitis/bursitis of the shoulders, do not meet the criteria for a combined 100 percent schedular disability rating. The Board finds that his disabilities do not preclude him from securing and maintaining substantially gainful employment.

The Board denied the appellant's claims for increased evaluations of his left knee disability and gouty diathesis of multiple joints, as well as his claim for service connection for a lumbosacral disorder. The decision found that the current ratings adequately reflected the severity of the disabilities.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine, finding that it was incurred during military service.

The Board has determined that the veteran's current diagnosis of arthritis of the lumbosacral spine is related to symptoms shown during service, and thus grants service connection for this condition.

The Board has determined that the claimed conditions are not service-connected.

The Board denied an increased rating for the veteran's service-connected back disability, but granted a 60 percent evaluation effective March 4, 1999 (later revised as March 2, 1998). The case is now before the RO to determine appropriate effective dates.

The Board has remanded the veteran's claims of entitlement to an increased evaluation for service-connected lumbosacral strain and entitlement to a total rating based on individual unemployability due to service-connected disabilities. The RO is instructed to ensure that all requested development has been completed, including obtaining medical records and scheduling VA examinations.

The Board has determined that the veteran's service-connected low back disability, characterized by pronounced intervertebral disc syndrome, warrants a 60 percent evaluation.

The Board has ordered further development due to pending issues regarding service connection for back conditions and an increased rating for chronic lumbosacral strain. The case is being sent back to the RO for additional examination and consideration.

The veteran's appeal is remanded due to the need for a personal hearing before a Veterans Law Judge at the RO. The issues of service connection for sleep apnea, bilateral knee disability, and right shoulder disability are still pending.

The Board denied the veteran's claim for a disability evaluation in excess of 10 percent for service-connected recurrent lumbosacral strain with degenerative changes of the thoracic spine.

The veteran's lumbosacral strain is currently rated at 20 percent, which reflects the severity of his condition as indicated by X-ray findings and clinical presentation.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and TDIU benefits, finding that the evidence did not support a higher rating or entitlement to these benefits. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The veteran's service-connected conditions do not meet the criteria for financial assistance in purchasing an automobile and adaptive equipment.

The Board denied service connection for a bilateral hip disorder and did not find new and material evidence to reopen the claim of degenerative joint disease of the lumbosacrum.

The Board denied the veteran's claims for increased ratings and service connection for her hip, lower back, and middle back disabilities.

The veteran's claims for increased ratings for lumbosacral strain, right knee disorder, left knee disorder, and migraine headaches have been denied. The RO found that the current evaluations adequately reflect the severity of these conditions.