Sleep apnea decisions — 2004

The Board has determined that the veteran's service-connected cervical spine and lumbosacral spine disabilities do not warrant increased ratings under the applicable rating criteria.

The Board denied the veteran's claims for service connection for a right eye disability and sleep apnea, finding no current disabilities for which service connection could be awarded.

The Board finds that the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine does not warrant a disability rating in excess of 40 percent, as he does not have evidence of severe impairment resulting from recurring attacks with only intermittent relief.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities are being remanded for further development.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling an orthopedic examination.

The Board found that the veteran's obstructive sleep apnea did not have its onset during active service or result from disease or injury in service, and thus denied his claim for service connection.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was denied as the evidence did not support a higher rating than 20 percent.

The veteran's claims for increased evaluations and earlier effective dates were granted, with the exception of his claim for TDIU.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative joint disease is being remanded due to the need for additional development, including a new VA examination and obtaining updated medical records.

The veteran's claim for an increased rating for his service-connected low back disorder is being remanded due to the need to obtain additional medical records and support documentation from Social Security Administration (SSA) and the Soldier's Home in Holyoke, Massachusetts.

The Board has remanded the case due to inadequate examination and incomplete development of evidence. The veteran's claim for an increased evaluation for lumbosacral strain is pending.

The Board has remanded the case for further development, including scheduling a pulmonary function test and considering whether the veteran's service-connected disabilities preclude him from securing or following substantially gainful employment.

The Board has granted service connection for pleural plaques, gastroesophageal reflux disease (GERD), sleep apnea, bilateral hearing loss, and a left middle finger injury. The conditions are considered to be related to the veteran's military service.

The Board found that the veteran's sleep apnea is not related to service, including exposure to Agent Orange. The claim for service connection was denied.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was granted, with a 40 percent rating effective February 28, 2002. The RO also granted service connection for PTSD and assigned a 50 percent rating.

The Board denied the veteran's claims for service connection and increased ratings for his scars, finding that there was no evidence of a current disability related to service. The Board also found that the veteran did not meet the criteria for separate evaluations for his scars.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain superimposed on congenital anomalies is being remanded due to the need for additional development, including notification of new rating criteria and a VA examination.

The Board has remanded the case for additional development due to lack of service medical records and for a VA examination.

The Board has determined that a new examination is needed for the veteran's service-connected disabilities due to inadequate previous examinations and revisions in evaluation criteria.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of the veteran's lumbosacral strain. The claim will be reconsidered under both the former and revised applicable rating criteria.