Sleep apnea decisions — 2004

The Board has remanded the case for further development, including obtaining medical records and providing VCAA notice. The veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbosacral spine is being reviewed, as well as his intertwined claim for service connection for degenerative disc disease of the lumbosacral spine.

The Board finds that the veteran's chronic lumbosacral strain is manifested by marked limitation of forward flexion, warranting a 40 percent disability rating.

The Board has remanded the claims for further development due to new and material evidence having been submitted in some cases.

The Board has granted compensation under the provisions of 38 U.S.C.A. § 1151 for chronic thoracic and lumbosacral laminectomy residuals and arteriovenous malformation excision residuals including incomplete L4-L5 paraplegia as incurred as a result of VA surgical treatment.

The Board has determined that the veteran's current back disability, including chronic low back pain and intervertebral disc herniations, is at least as likely related to his service-connected lumbosacral strain injury in 1980. The Board granted service connection for residuals of a lumbosacral strain.

The veteran's appeal is being remanded for further examination and evaluation of his lumbosacral strain disability, including consideration of the revised rating criteria.

The Board denied service connection for sleep apnea, loss of tooth enamel, joint stiffness, and tonsillitis claimed as due to exposure to herbicides during service. The gastrointestinal disorders were also denied.

The veteran's claims for an increased evaluation for his lumbosacral degenerative disc disease with spondylosis and degenerative changes, as well as for a TDIU effective date earlier than July 24, 2001, are being remanded due to the need for additional development.

The Board has granted service connection for lumbar spinal stenosis and disc disease as secondary to the service-connected lumbosacral strain, and has assigned a 40 percent rating for the lumbosacral strain. The effective date remains pending.

The veteran's claims for hepatitis A and B, as well as low back sprain, have been reopened. Service connection has been granted for the low back sprain but denied for hepatitis A and B.

The Board of Veterans' Appeals has denied the veteran's claim for a disability rating in excess of 20 percent for degenerative disc disease of the lumbosacral spine.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with spasm is remanded. Additionally, the RO must consider whether he is entitled to a total rating for compensation purposes based upon individual unemployability due to his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling VA examinations to assess the severity of the appellant's service-connected lumbosacral strain. The RO must also ensure compliance with VCAA notice requirements.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for lumbosacral strain. The veteran's current condition is related to his service-connected knee disability, as indicated by a private physician.

The VA has determined that the veteran is individually unemployable due to service-connected lumbosacral strain with degenerative disc disease and right foot drop, and granted a total disability rating based on individual unemployability.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound was denied due to his current disabilities not meeting the criteria for such benefits.

The Board denied the veteran's claims for service connection for hysterectomy, degenerative joint disease of the lumbosacral spine, and left leg and left knee disability. The Board found that the veteran did not have a hysterectomy attributable to her military service.

The Board has ordered further development in the veteran's case due to pending issues regarding service connection for sleep apnea and attention deficit disorder/hyperactivity disorder. The appeal is currently on remand, with additional examinations required.

The veteran's appeal is being remanded due to the need for additional examination and review of his medical records.

The veteran's lumbosacral strain with a fracture at L1 is rated as 30 percent disabling, and his right shoulder injury is rated as 10 percent disabling. The RO must remand the case for further development to obtain medical records and ensure compliance with VCAA requirements.