Sleep apnea decisions — 2004

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his left shoulder condition.

The Board has remanded the veteran's claims for an initial evaluation in excess of 40 percent for a lumbosacral strain, with disc disease and degenerative arthritis, and to a total rating for compensation purposes based upon individual unemployability due to significant changes in the relevant rating criteria.

The veteran's combined disability rating is 50%, which does not meet the criteria for a permanent and total disability rating required for pension purposes. The veteran has multiple disabilities but can still engage in substantial gainful employment.

The Board has granted an initial evaluation of 60 percent for the service-connected low back disability, effective from June 6, 2000.

The Board found that the veteran's bilateral pes planus was not incurred in or aggravated by service. The claim for an initial evaluation in excess of 20 percent for lumbosacral strain is being remanded to the RO.

The veteran is granted an effective date of December 30, 1991 for his total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that a more contemporaneous examination is needed to ascertain whether the need for specially adapted housing cited by Dr. Roberts is attributable to specific service-connected disabilities.

The veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need for additional medical records and examination.

The Board has determined that the veteran's service-connected disabilities do not warrant evaluations in excess of 10 percent for degenerative joint disease of the lumbosacral spine, traumatic arthritis of the cervical spine, and left knee disability.

The veteran's claim for an increased rating for his lumbosacral spine disorder is being remanded due to the need for additional development, including obtaining medical records and verifying service dates. The case will be reviewed again after these steps are completed.

The Board has granted a 60 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease, which is considered pronounced symptomatology.

The Board denied an increased rating for the veteran's lumbosacral strain with degenerative disc disease, currently rated at 40 percent.

The Board has determined that a higher evaluation of 20 percent is warranted for the veteran's service-connected left shoulder acromioclavicular joint separation. The issue of entitlement to service connection for degenerative joint disease of the lumbosacral spine is being remanded due to incomplete information and need for further examination.

The Board has determined that the veteran's current sleep apnea was incurred in service, and granted his claim for service connection.

The veteran's claims for increased evaluations for lumbosacral strain and tinea pedis with plantar warts of both feet are being remanded to the RO for additional development, including obtaining medical examinations and records.

The veteran's appeal is being remanded to the RO for additional development, including scheduling an examination and considering the issues prior to appellate consideration. The case will be returned to the Board once this development has been completed.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the veteran's service-connected disabilities and their impact on his employability.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 20 percent.

The veteran's appeal is remanded for additional development, including obtaining medical records and arranging for specialized examinations to determine the current severity of his service-connected degenerative disc disease of the lumbosacral spine with L5-S1 spondylolisthesis.

The Board found that the veteran does not have a lumbosacral disc syndrome related to service or due to, or aggravated by his service-connected osteoarthritis of the thoracolumbar spine. As such, the claim for an increased rating was denied.