Sleep apnea decisions — 2003

The veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board found that a rating in excess of 10 percent for gastritis is not warranted, and the claim for lumbosacral strain was denied as well.

The Board has determined that the veteran's left knee and lumbosacral spine disorders are not related to his service-connected right knee disability, and thus cannot be granted as secondary service connection.

The Board has ordered further development in the veteran's case, including requesting clarification from the veteran regarding medical records and scheduling a VA examination. The appeal is currently pending due to the need for additional evidence.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected lumbosacral injury with spondylosis of L5-S1.

The veteran's claim for a rating in excess of 20 percent for his low back disability is being remanded due to the need for additional development, including an examination to evaluate the severity of intervertebral disc syndrome under both old and new criteria.

The Board of Veterans' Appeals has determined that the veteran's degenerative arthritis of the lumbosacral spine had its onset during his second period of active service and is therefore granted service connection.

The veteran's claim for a rating in excess of 10 percent for his service-connected lumbosacral strain was denied as he failed to report for scheduled VA examinations without good cause.

The Board has granted service connection for bilateral hearing loss and found that the veteran's current hearing loss is related to noise exposure during his military service. The other claims are pending further development.

The Board has denied the veteran's claims for service connection for lumbosacral spine disorder, left knee degenerative joint disease, and right knee degenerative joint disease as secondary to his service-connected right ankle disability.

The veteran's claims for increased evaluations of lumbosacral strain and PTSD are being remanded due to the need for additional development.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, left ankle fracture residuals, and bronchitis. The evaluations were found to be appropriate based on the clinical findings.

The veteran's claim for increased ratings and service connection were denied. The RO granted a 40% rating for lumbosacral strain from February 10, 2000.

The Board has determined that the veteran's current cervical and lumbosacral spine disorders are related to his service, including a 1991 injury during service. Service connection for these conditions is granted.

The Board has granted the veteran's claim of service connection for degenerative joint disease of the lumbosacral spine. The issues of secondary service connection for a disability characterized by right leg pain and loss of use of the right foot, and a compensable rating for his service-connected lumbar strain will be remanded.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has granted service connection for lumbosacral strain and found that the veteran's exposure to tuberculosis is not supported by evidence. The case will be returned to the RO for further development regarding the issue of tuberculosis.

The Board has granted service connection for the veteran's low back disability and cervical spine disorder, finding that these conditions are related to injuries sustained during active duty.

The veteran's service-connected degenerative disc disease of the lumbosacral spine, cervical spine, and thoracic spine have been granted initial disability ratings. However, his carpal tunnel syndrome of the right wrist remains at a noncompensable (zero percent) rating.