Sleep apnea decisions — 2004

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations.

The Board granted increased ratings for the veteran's service-connected lumbosacral and thoracic spine disabilities, effective from September 26, 2003. Prior to that date, he was awarded a combined 20 percent evaluation.

The Board denied the veteran's claims for service connection for chronic fatigue and sensory peripheral neuropathy of the lower extremities, finding that these conditions were not incurred in or aggravated by service.

The Board has granted the veteran's claims for increased ratings for his service-connected depression, hiatal hernia, and lumbosacral strain with degenerative disc disease of the lumbosacral spine. The effective date is August 4, 2000.

The Board has granted service connection for lumbar spine intervertebral disc syndrome and lumbar radiculopathy involving the left lower extremity with loss of reflexes, foot drop, and muscular atrophy.

The Board denied the veteran's claim for a disability evaluation in excess of 20 percent for lumbosacral strain.

The Board has granted a higher evaluation of 40 percent for lumbosacral strain from October 4, 1998. The other service-connected conditions have been evaluated as noncompensably disabling.

The Board has remanded the case for further development, including obtaining updated treatment reports and arranging for VA orthopedic and neurological examinations to assess the current severity of the veteran's service-connected lumbosacral strain. The issue remains about determining an appropriate rating based on the current disability.

The Board has remanded the claims for increased ratings due to incomplete examination reports and additional development is required.

The veteran's service-connected nasal fracture is not manifested by 50 percent obstruction of the nasal passage on both sides or the complete obstruction on one side, and therefore, his claim for a compensable evaluation remains denied. The issue of service connection for sleep apnea secondary to the service-connected nasal fracture will be deferred pending completion of the development sought in the remand.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for updated medical records, a VA examination, and consideration of new evidence.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his service-connected residuals of a lumbosacral strain on an extraschedular basis, finding that the disability did not present such an exceptional or unusual picture with related factors as marked interference with employment or frequent periods of hospitalization to render inadequate the regular schedular standards.

The Board denied the veteran's claims for service connection for lumbosacral, left hip, and right hip disabilities as secondary to his service-connected residuals of a bone cyst of the left knee. The claimant's request for an increased rating for his service-connected residuals of a bone cyst of the left knee was granted.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Board has decided to remand the case for further development, including obtaining medical records and conducting additional examinations. The claim of service connection for sleep apnea will be reconsidered in light of any new evidence.

The Board has granted service connection for bilateral hearing loss, degenerative arthritis of the knees and ankles, sleep apnea, and dysthymic disorder (chronic depression) due to exposure in the Persian Gulf War. The veteran's conditions are presumed to be related to his military service.

The Board has found that the veteran's current lumbosacral spine disability originated during active service and granted service connection for this condition. The decision on scoliosis of the thoracic spine is pending as it was not addressed in detail.

The Board found no competent medical evidence linking the veteran's current disabilities to service, including his claimed lumbosacral strain, irritable bowel syndrome, dorsal spine disorder, and psychiatric disorder. The claim for PTSD was also denied due to lack of verified stressor.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with traumatic arthritis and right knee arthritis. The veteran was previously granted service connection for these conditions, but the appeals were not about the initial grant of service connection.

The veteran's claims for increased ratings and new issues were addressed. The RO granted an increased rating of 10 percent for lumbosacral degenerative disc disease effective from March 14, 2003, but the other claims remain pending.