Sleep apnea decisions — 2004

The veteran's claim for an initial compensable rating for his service-connected status post liposarcoma of the upper back is being remanded due to the need for a VA medical examination and consideration of whether all applicable symptomatology is appropriately rated.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for back, left knee, and right knee disorders. The veteran's conditions are related to his inservice motor vehicle accidents.

The Board found no evidence of a nexus between the veteran's current back condition and his service, thus denying his claim for service connection.

The case is being remanded for further development and adjudication of the increased rating claim for lumbosacral strain, as well as the unemployability claim. The RO must consider both the old and new criteria for evaluating spine disabilities.

The Board denied service connection for degenerative osteoarthritis of the knees and lumbosacral spine as secondary to the knees. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to procedural defects in the notification and development process, as well as potential changes in the rating criteria for spine disabilities.

The Board has determined that the veteran does not have a low back disability related to military service and therefore denied his claim for service connection.

The Board has denied the veteran's claims for service connection for lumbosacral strain and liver damage due to substance abuse, finding that there is no evidence of a causal link between these conditions and his military service.

The veteran's claims for increased ratings for his lumbosacral strain, right ankle arthritis, and left ankle avulsion fracture with arthritis were denied as the conditions did not meet the criteria for higher ratings prior to June 1, 2003.

The Board has remanded the case for further development and review, including obtaining additional medical records and conducting a VA examination to assess the veteran's service-connected lumbosacral strain.

The Board has determined that further development is needed before the claims can be decided. The veteran's increased disability evaluations for his left elbow strain and chronic lumbosacral strain are being remanded to allow for additional evidence collection, examination, and consideration of the new rating criteria.

The Board denied an increased rating for the veteran's L2-L3 fracture of the lumbosacral spine, finding no clear and unmistakable error in the July 1998 decision.

The Board has remanded the case due to unclear medical evidence regarding whether the appellant requires regular aid and attendance of another person as a result of his service-connected disabilities. A VA examination is needed to determine this.

The Board found that asthma and degenerative disc disease of the lumbosacral spine were not incurred in or aggravated by service, and thus denied both claims.

The Board has determined that additional development is necessary prior to completion of its appellate review, including obtaining records from private physicians identified by the veteran and previously associated with RWJUMG.

The Board has determined that the veteran's current osteoarthritis of the lumbosacral spine is a residual of an in-service low back strain, and therefore grants service connection for this condition.

The veteran's service-connected disabilities, including sleep apnea, major depressive disorder, mechanical low back pain, essential hypertension, right tibial plateau stress fracture, deviated nasal septum, and loss of sense of smell, are severe enough to prevent him from securing or following substantially gainful employment. As a result, the Board has granted his claim for TDIU.

The Board has determined that the veteran's current degenerative lumbosacral disease is likely caused by his service-connected left knee disability, and thus grants service connection for this condition.

The Board has determined that the veteran's pre-existing retinitis pigmentosa was aggravated by service, warranting service connection.

The Board found that there is no evidence linking the veteran's hypertension and sleep apnea to his military service, and thus denied both claims.