Sleep apnea decisions — 2004

The veteran's right knee disability is currently rated at 20 percent, and his low back disability is rated at 40 percent. Both conditions are considered to be service-connected.

The veteran's claims for increased ratings and service connection were denied. The Board affirmed the RO's decisions, noting that the veteran did not meet the percentage criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that the veteran's lumbosacral strain, characterized by low back pain, was incurred during his period of active service. However, the degenerative disc disease of the lumbar spine with right leg radiculopathy or sciatica is not related to his period of active duty and thus denied.

The veteran's appeal is being remanded for further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that the veteran's current cervical spine, lumbosacral spine, and shoulder disabilities are not service-connected. The evidence does not establish a direct relationship between these conditions and his active military service.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling an orthopedic examination to determine if his neck disability is secondary to his service-connected back disability. The issue of entitlement to a total rating based on individual unemployability will also be remanded.

The Board has remanded the case to determine the earliest possible effective date for a 20 percent rating for lumbosacral strain, based on all available evidence.

The Board found that the veteran's cervical and lumbosacral spondylosis can be linked to an injury sustained in service, resulting in a full grant of the benefit sought on appeal.

The Board has determined that additional development is needed, including scheduling a VA examination and obtaining all outstanding medical records. The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain will be remanded to the RO.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was denied by the RO. The case is being remanded to obtain more recent treatment records and to schedule a VA examination.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and paravertebral muscle spasm, cervical spine. The RO had previously denied these claims in December 1994.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The veteran's claims for increased ratings on multiple service-connected disabilities are pending.

The Board has remanded the case for further development due to inadequate VCAA notice and an incomplete VA examination report. The veteran's claim is now pending with the RO.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative changes of the lumbosacral spine and bilateral knee disabilities, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The veteran's combined nonservice-connected disability rating is 80%, and he does not meet the criteria for special monthly pension based on the need for regular aid and attendance due to his ability to dress, undress, feed himself, attend to the wants of nature, and protect himself from daily hazards without assistance.

The Board has remanded the case due to the need for additional development, including obtaining medical records and arranging for VA examinations.

The Board found that the veteran's low back problems and stroke residuals are not proximately due to or the result of his service-connected left knee replacement.

The veteran's service-connected degenerative joint diseases of the lumbosacral, cervical, and thoracic spines are currently rated at 20 percent each. The Board finds that these ratings are appropriate.

The Board has remanded the case for further development, including obtaining updated medical records and scheduling a VA examination to determine the etiology of the veteran's sleep apnea and rheumatoid arthritis.

The Board is unable to decide the claim of PTSD as it is not about service connection. The petition to reopen the claim for contusions of the lumbosacral spine was denied due to lack of new and material evidence.