Sleep apnea decisions — 2004

The Board has determined that the veteran's lumbosacral strain is related to service and grants this claim. The other issues on appeal are remanded for further development.

The veteran's appeal is being remanded for a videoconference hearing at the RO before a Member of the Board.

The Board denied the veteran's claims for service connection for traumatic transient ischemic attacks, a skin disease, and sleep apnea as they were not shown to be related to his military service.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by active service, nor may it be presumed to have been incurred therein.

The veteran is seeking an increased evaluation for her service-connected lumbosacral strain, currently rated at 10 percent. The Board has remanded the case to ensure all necessary development and consideration of the claim.

The Board has remanded the case due to incomplete notification and duty to assist requirements, as well as the need for additional VA treatment records. The veteran's claim of an increased rating for coccyx contusion is on appeal, while her service connection claim for lumbosacral disc disease remains pending.

The VA denied an evaluation in excess of 20 percent for the service-connected low back disorder, finding that the veteran's condition is currently manifested by moderate limitation of lumbar spine motion.

The veteran's claims for increased evaluations for bronchial asthma and sinusitis were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has granted service connection for a deviated nasal septum incurred during active duty. The remaining issues on appeal regarding higher ratings for various service-connected conditions are remanded to the RO.

The Board found that the veteran's lumbosacral strain did not meet or approximate the criteria for a higher evaluation than the current 10 percent rating.

The veteran's right knee chondromalacia and medial meniscal tear residuals are service-connected, as is his lumbosacral spine degenerative disc disease with L3 and L4 vertebral fracture residuals. The disability evaluations for the left total knee replacement residuals have been increased.

The Board has ordered a remand due to the need for additional development of evidence regarding the veteran's claims for service connection for back disorders.

The VA has granted a higher evaluation of 60 percent for the veteran's service-connected lumbosacral strain with degenerative disc disease, effective prior to September 23, 2002.

The veteran's appeal is being remanded for additional development, including a VA examination and consideration of the amended rating criteria.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a lumbosacral spine disability. The appellant's pre-service history of low back problems due to a congenital shortening of the left lower extremity, combined with possible aggravation during service, supported the reopening of the claim.

The Board denied the veteran's claim for service connection of a back disorder, finding that there is no medical evidence to link his current disability to an in-service injury or disease.

The Board has determined that additional development is needed to properly evaluate the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine and his claim for a total rating for individual unemployability due to service-connected disability. The case will be remanded to obtain relevant medical records, arrange for an appropriate VA examination, and review the claims file to ensure compliance with all VCAA requirements.

Throughout the appellate period, lumbosacral strain has been manifested by complaints of non-radiating pain with exertion and no more than slight limitation of motion; muscle spasm on extreme forward bending or loss of lateral spine motion, unilateral, in a standing position has not been shown. The criteria for an initial rating in excess of 10 percent for lumbosacral strain are not met.

The veteran's claim of entitlement to a higher initial rating for his service-connected low back disorder is being remanded due to regulatory changes and the need for further examination.

The Board has remanded the case for further development, including obtaining medical records and arranging for examinations to assess the severity of the veteran's service-connected lumbosacral strain with degenerative arthritis and a herniated nucleus pulposus at L3-L4. The issue of entitlement to an increased rating for anxiety state is also being remanded.