Sleep apnea decisions — 2004

The VA denied an increased evaluation for the veteran's degenerative joint disease of the lumbosacral spine, with spinal stenosis. The disability is currently rated at 40 percent.

The Board has determined that the veteran's service-connected left femur disability warrants a 20 percent rating, and his lumbosacral strain with degenerative changes warrants a 20 percent rating. The decision is based on the current clinical findings and medical evidence.

The veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need for a VA examination.

The veteran's claim for nonservice-connected disability pension benefits is being remanded due to the need for additional development, including VA examinations and obtaining relevant medical records.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal in its entirety.

The Board has determined that the veteran's acne rosacea disability is causally related to his active service, and thus grants service connection for this condition.

The veteran's claims for earlier effective dates for service connection and increased ratings were denied as there was no evidence of an increase in disability within one year prior to the date of receipt of his claim.

The Board has determined that the veteran's low back disability, characterized by degenerative disease of the lumbosacral spine, was aggravated during his active military service and grants service connection for this condition.

The veteran's claims for higher ratings for his low back disorder and tinnitus are still at issue. The Board found that the criteria were not met for an evaluation in excess of 10 percent for degenerative disease of the lumbosacral spine prior to November 21, 2000, and a rating higher than 20 percent as of this date and thereafter. For tinnitus, the veteran is not entitled to separate 10 percent disability ratings as a matter of law. There was no CUE in the December 1994 rating by not granting service connection for tinnitus.

The Board denied the veteran's claims for service connection for diabetes mellitus, hypertension, sleep apnea, and lung disability including asthma and allergy, all presumed to be related to Agent Orange exposure. The right great toe injury claim was also denied.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death. The appellant was denied entitlement to DIC under the provisions of 38 U.S.C.A. § 1318 and an initial rating in excess of 40 percent for residuals of lumbosacral strain with degenerative disc disease and degenerative arthritis.

The Board has determined that the veteran's service-connected disabilities alone preclude him from securing or following substantially gainful employment, and thus grants a TDIU with a combined rating of 70 percent.

The Board denied the veteran's claim for an earlier effective date of June 21, 1993 or any date earlier than has been assigned for the grants of service-connected disability benefits. The veteran was granted service connection and increased ratings for various conditions but there is no evidence that a claim was submitted prior to April 30, 1996.

The Board denied the veteran's claims for an increased rating for traumatic arthritis of the lumbosacral spine and entitlement to a TDIU, finding that his service-connected disability did not meet the criteria for a higher evaluation or render him unemployable.

The Board has remanded the veteran's claims due to insufficient evidence regarding the etiology of his sleep apnea syndrome and prostate cancer, as well as a need for additional development on the claim for an increased disability rating for hemorrhoids.

The Board has remanded the case for further development and consideration of new evidence, including a September 2002 VA X-ray report and an attorney's November 2002 letter.

The Board denied the veteran's claim for an increased rating for his service-connected postoperative residuals lumbosacral strain with disc disease, currently rated at 20 percent.

The veteran's appeal is being remanded due to the need for further development of evidence, including obtaining VA and private medical records, as well as Social Security Administration (SSA) disability benefits award records. The case will be reviewed by the RO after these additional steps are completed.

The veteran's claim of service connection for hepatitis C has been reopened, and the Board finds that new and material evidence has been submitted. The veteran is granted secondary service connection for sleep apnea as it is claimed to be related to his service-connected nasal fracture. However, the veteran's increased rating claim for residuals of a nasal fracture remains denied.,The VA will continue to review the veteran's claims in accordance with applicable regulations and procedures.

The Board denied an initial rating in excess of 10 percent for the veteran's degenerative disc disease of the lumbar spine with lumbosacral strain prior to October 23, 1995 and granted a 40 percent evaluation effective from that date.