Sleep apnea decisions — 2003

The Board has remanded the veteran's claims for service connection for chest pain and entitlement to TDIU due to additional development of the case.

The veteran's claim for a higher rating for his lumbosacral and lower thoracic strain is being remanded due to the need for additional development.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for a VA orthopedic examination, MRI of the low back, and consideration of the new evidence.

The veteran's PTSD is rated at 100 percent prior to July 30, 1999. His lumbosacral strain remains at a 20 percent rating.

The veteran's spondylosis of the lumbosacral spine is rated at 40 percent, effective January 1, 2003. The initial rating for type II diabetes mellitus has been granted and assigned a 20 percent rating, effective July 5, 2001. Separate ratings have also been granted for various disabilities associated with the veteran's diabetes mellitus.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has ordered additional medical records to be obtained in order to determine if the veteran's service-connected epilepsy contributed to his death, which would potentially allow for a finding of service connection.

The Board has ordered further development due to pending issues regarding service connection for lumbosacral strain, asthma, and a left foot disorder. The case is now remanded for additional examinations and analysis.

The Board denied the veteran's claims for service connection of cervical and lumbosacral spine disabilities, as well as his claim for an increased evaluation for sinusitis. The veteran is currently rated at 30 percent for sinusitis.

The veteran's claims for increased ratings for lumbosacral strain and a TDIU were denied. The case is remanded to ensure compliance with the VCAA.

The Board has determined that the veteran's service-connected lumbosacral spine disability warrants a rating of 60 percent, effective from the date of the decision.

The Board is remanding the appellant's lumbosacral disorder claim for further development, including obtaining relevant medical records and conducting a comprehensive VA examination. The total disability evaluation based on individual unemployability claim remains in contention.

The Board has determined that the veteran's claim for an effective date prior to January 15, 1998 for a 40 percent evaluation for spondylolisthesis, lumbosacral spine, L1-S1, with disc space narrowing is denied.

The Board found that the veteran's death was not caused by or substantially contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the effective date for service connection of chronic lumbosacral strain should be June 23, 1962.

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain and granted it. The issue of entitlement to service connection for a thoracic spine condition is addressed in the REMAND section.

The veteran's low back disorder with secondary bilateral leg weakness is found to be related to an inservice injury and service connection is granted.

The veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain, including consideration on an extra-schedular basis, was remanded by the Board. The case is now back with the RO to consider whether referral of a possible extra-schedular rating assignment to the VA Compensation and Pension Service is warranted.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 and other procedural requirements.

The Board has found that new and material evidence has been submitted which is sufficient to reopen the claim of entitlement to service connection for a psychiatric disorder, to include as secondary to the service-connected lumbosacral strain. The veteran's claims for increased rating for lumbosacral strain are also addressed.