Sleep apnea decisions — 2004

The veteran's claim for service connection for a back condition is being remanded due to the need to obtain additional medical records and Social Security Administration records.

The Board has determined that additional development is needed to properly evaluate the veteran's service-connected unstable lumbosacral spine with pseudoarthritis, including obtaining updated medical records and scheduling a VA examination.

The Board has remanded the veteran's claims for higher initial ratings and service connection due to incomplete information, need for further examination, and potential changes in rating criteria.

The veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine is being remanded due to new regulations and incomplete information.

The veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain with degenerative joint and disc disease at L4-L5 and lumbar radiculopathy was granted, resulting in a 60 percent evaluation effective from October 1991.

The Board denied the veteran's claims for increased ratings for lumbosacral strain, finding that the evidence did not meet the criteria for a rating in excess of 40 percent under either the old or amended criteria.

The Board found that the veteran's sleep apnea was not incurred or aggravated by active military service and is unrelated to his service-connected disability. As a result, the claim for service connection for sleep apnea was denied.

The veteran is appealing for a higher initial rating of his service-connected degenerative disc disease of the lumbosacral spine with limitation of motion, which was initially rated at 20 percent. The Board has remanded the case to obtain additional medical evidence and conduct further examination.

The veteran's claim for an increased evaluation for his lumbosacral strain with degenerative joint disease was granted, and he is now receiving a 40 percent disability rating effective from December 19, 1997.

The veteran's claim for PTSD was denied an effective date prior to October 4, 1996.,The veteran's claim for lumbosacral strain and disc disease was denied an effective date prior to June 8, 1995.,The veteran's claims for hearing loss of the right ear and tinea cruris were both denied an effective date prior to January 1, 1994.

The Board denied the veteran's claims for increased evaluations for his post-traumatic stress disorder, lumbosacral strain with degenerative changes, and cervical strain with degenerative changes. The RO granted a 40 percent evaluation for residuals of lumbosacral strain with degenerative changes effective August 7, 2001, and a 30 percent evaluation for residuals of cervical strain with degenerative changes as of that date.

The veteran's service-connected lumbosacral disorder rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU due to service-connected disability for purposes of accrued benefits.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative changes and degenerative disc disease was granted, with a current evaluation of 40 percent effective since September 23, 2002.

The Board has determined that the veteran's low back disability warrants a 40 percent evaluation since April 5, 2000.

The Board denied the veteran's claims for service connection for hypertensive cardiovascular disease and spondylolisthesis and arthritis of the lumbosacral spine, finding that there was no evidence of a nexus between these conditions and his military service.

The veteran withdrew his appeal for all issues, including service connection claims and a temporary total evaluation.

The appeal is remanded to the Appeals Management Center (AMC) in Washington, DC for further action. The veteran's claims for service connection and reopening of his PTSD claim are being reviewed.

The Board of Veterans' Appeals has denied the veteran's claim for a rating in excess of 10 percent for his service-connected lumbosacral strain.

The veteran's claims for service connection for major depression, narcolepsy, and sleep apnea are being remanded due to the need for additional development of his medical records.

The VA determined that the appellant's service-connected lumbosacral strain disability is currently asymptomatic, but has shown moderate limitation of motion and muscle spasms with pain on motion over the course of the appeal period. The current rating for this condition remains at 20 percent.