Sleep apnea decisions — 2004

The Board denied service connection for right shoulder tendonitis, sleep apnea, and restless leg syndrome due to a lack of medical evidence showing the veteran has any current disabilities.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and ensuring compliance with notification requirements.

The Board has granted service connection for the residuals of lumbosacral surgery due to degenerative disc disease, finding that it is related to his inservice back injury. The claim for an increased evaluation for lumbosacral strain remains pending.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for lumbosacral strain with degenerative joint disease/degenerative disc disease. The case is remanded for further development.

The Board denied the appellant's claims for service connection for diplopia, and for increased ratings for his cervical spine and lumbosacral spine disabilities. The VA examinations conducted in December 1999 and August 2002 were not provided to the appellant.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain was denied as he failed to report for scheduled VA examinations without good cause.

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain with degenerative changes is being remanded due to the need to consider new regulations and obtain updated medical evidence.

The veteran's appeal is remanded to determine an earlier effective date for a TDIU and the disability evaluation for his service-connected lumbosacral strain with degenerative disc disease.

The VA has denied the veteran's claim for a disability rating in excess of 20 percent for recurrent lumbosacral strain with degenerative changes, as his condition does not meet the criteria for a higher evaluation under the current rating schedule.

The Board has remanded the case for further development and evaluation of the veteran's service-connected chronic lumbosacral strain, including consideration of additional evidence and a VA examination.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to assess the veteran's lumbosacral spine degenerative disc disease. The appeal is pending with the RO.

The veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lumbosacral strain, bilateral knee arthralgia, and bilateral heel pain.

The Board denied service connection for depression, sleep apnea, hypertension, right and left patellofemoral syndrome, a disorder manifested by insomnia, weight loss, and fatigue.

The Board has determined that the veteran's current lumbosacral spine disorder is related to an injury sustained during service, and thus grants service connection for this condition.

The Board denied the veteran's application to reopen his claim for service connection for cervical spine arthritis and denied his claims for an increased rating for lumbosacral strain and entitlement to a TDIU rating.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine is not related to her active service.

The veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development and evidence.

The veteran's claim for an earlier effective date for a 20% disability rating for lumbosacral strain was denied as the most generous effective date provided is November 8, 2001, which is when his formal claim was received.

The veteran's disabilities do not meet the criteria for a permanent and total disability rating for VA pension purposes, as they are not severe enough to prevent him from maintaining substantially gainful employment.

The Board has remanded the claims for higher ratings for postoperative nasal polyposis and lumbosacral spine arthritis to allow for additional development, including obtaining medical opinions regarding the relationship of these disabilities to service.