Sleep apnea decisions — 2004

The Board has granted service connection for gout as secondary to the veteran's service-connected diabetes mellitus and cardiomyopathy with mitral valve insufficiency and hypertensive vascular disease.,However, the Board has denied service connection for sleep apnea as not being caused or aggravated by a service-connected disability.

The veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for updated VA examination and consideration of new regulations.

The Board has denied the veteran's claims for service connection for residuals of a right shoulder injury, left knee injury, and lumbosacral strain due to lack of evidence showing current disabilities or a link between service and these conditions.

The Board has determined that additional development of the evidence is required relative to the appellant's claim for a total disability rating based on individual unemployability. The case is therefore remanded to the RO via the Appeals Management Center (AMC), in Washington, DC.

The Board has remanded the case for additional development to obtain medical records and address the veteran's claims for service connection for sleep apnea and post-traumatic stress disorder.

The Board has determined that the veteran's claims for service connection for residuals of a left shoulder injury, frostbite to the fingers of both hands, degenerative disc disease of the lumbosacral spine, and surgery to the toes are denied as there is no competent medical evidence linking these conditions to his military service.

The veteran is seeking service connection for post-traumatic changes of the cervical and lumbosacral spine, which he claims were caused by an inservice explosion. The Board has ordered additional development to obtain medical records and a VA examination.

The veteran's claim for an increased evaluation of her low back disability is being remanded due to the need for additional development and consideration.

The Board denied the veteran's claims for increased evaluations and effective dates for his service-connected thoracic and lumbosacral strain disabilities, finding that the evidence did not support a higher evaluation or earlier effective date.

The Board has granted an increased disability rating of 40 percent for the veteran's service-connected lumbosacral strain, which was previously rated at 20 percent.

The veteran's VR&E benefits were initially denied due to a determination of no serious employment handicap. The RO has now determined there is a material change in his disability level, and the case is being remanded for further review.

The VA has denied the veteran's claims for increased ratings for his left knee osteochondritis and degenerative disc disease of the lumbosacral spine, both rated at 20 percent. The appeals are based on direct service connection.

The Board found that the September 1991 rating decision denying service connection for retinitis pigmentosa was not clearly and unmistakably erroneous.

The veteran's claims for increased evaluations and an earlier effective date are being remanded due to the need for additional development of his medical records.

The veteran's claims for increased ratings and service connection were denied. The lumbar spine disorder was rated at 10 percent, and the right knee disorder was also rated at 10 percent.

The veteran seeks service connection for a right ankle fracture and degenerative joint disease of the lumbosacral spine, claiming these conditions are related to his military service. The case is being remanded due to incomplete records and further examination is needed.

The veteran's appeal is remanded for additional development, including obtaining a DA20 and VA examinations to determine the likelihood of service connection for his back disorders and bilateral hearing loss.

The Board denied the veteran's claims of service connection for various conditions, finding that none were incurred or aggravated by active military service.

The Board found that the veteran's current back, obesity, and sleep apnea disabilities are not related to his military service. The RO denied these claims.

The Board has remanded the case for further development, including consideration of whether a staged rating is appropriate for the period from January 1998 to August 2001. The veteran's claim for an increased rating for his lumbar spine disability will be reviewed under the proper criteria.