Sleep apnea decisions — 2003

The veteran's service-connected disabilities do not render him incapable of providing for his own daily self-care or from protecting himself against the hazards and dangers of daily living without the assistance of another person. He is not a patient in a nursing home.

The Board has remanded the case for additional development to comply with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for service connection for a back disorder is being considered.

The veteran's appeal is granted, with a 100% disability rating for coronary artery disease from February 26, 2003. The evaluation of the veteran's service-connected coronary artery disease and chronic lumbosacral strain are remanded for further development.

The veteran is seeking service connection for obstructive sleep apnea, which he claims was caused by a nose injury sustained during his military service. The case has been remanded to obtain additional evidence and provide the veteran with appropriate notice under the VCAA.

The VA denied the veteran's claim for a higher rating for her skin disorder, finding that the disability did not meet criteria warranting an evaluation in excess of 30 percent.

The veteran's claim for an earlier effective date of November 27, 2003 for service connection of non-Hodgkin's lymphoma has been granted. The veteran previously served during the Vietnam era and was presumed exposed to herbicides.

The Board has remanded the veteran's claims due to failure of the RO to comply with a previous remand directive. The issues of increased ratings for lumbosacral strain, right knee meniscectomy, and traumatic arthritis are addressed in the remand section.

The veteran's case is being remanded due to his failure to report for scheduled VA examinations and the unascertainable address change. The issues include increased rating for lumbosacral strain, service connection for degenerative disc disease of the lumbosacral spine, and service connection for a psychiatric disorder.

The VA determined that the veteran's herniated disc with lumbosacral strain is currently rated at 40 percent, but does not meet the criteria for an evaluation in excess of this rating.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for degenerative changes of the lumbosacral spine, and it is granted.

The Board of Veterans' Appeals has denied the veteran's claims for increased ratings for lumbosacral strain with degenerative joint disease and degenerative disc disease, currently evaluated as 20 percent disabling, and psoriasis, currently evaluated as 10 percent disabling.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbosacral spine with right lower extremity radiculopathy warrants a 60 percent disability rating since September 23, 2002.

The Board has ordered further development in the veteran's case, including additional evidence collection. The appeal is currently pending and will be remanded for further action.

The veteran's claims for increased ratings were denied. The Board found that the current rating of 40 percent for the residuals of a stab wound to the left thigh with severe muscle loss, vasgius medialis of the left thigh, MG XIV, and post-operative fasciotomy is appropriate.

The Board found that the veteran's obstructive sleep apnea was incurred during his period of active service, based on medical evidence showing symptoms dating back to 1985.

The Board has denied the veteran's claim for an increased disability rating for his service-connected lumbosacral paravertebral myositis with mild degenerative joint disease and a bulging disc, currently rated at 40 percent.

The VA denied the appellant's claims for increased ratings for his service-connected hypertension and lumbosacral strain with degenerative disc disease, maintaining their current disability ratings of 10% and 40%, respectively.

The Board has determined that the case must be remanded to obtain additional records and for further medical examinations. The veteran's claims of entitlement to earlier effective dates, increased evaluations, and service connection are also being addressed.

The VA granted a 50 percent rating for sleep apnea-hypopnea effective April 11, 2002. The veteran's prior claim for an initial compensable rating was denied.

The Board denied the veteran's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151, finding that there was no failure of VA medical personnel to order appropriate diagnostic tests or properly treat his renal cancer. The death certificate indicated that the immediate cause of the veteran's death was from renal cancer with metastases.