Sleep apnea decisions — 2004

The Board has determined that the veteran's disabilities do not meet the criteria for special monthly pension on account of the need for aid and attendance or being housebound.

The Board has determined that the veteran's service-connected disabilities render him unable to protect himself from daily environmental hazards, warranting special monthly compensation based on the need for regular aid and attendance.

The veteran's appeal is remanded due to the need for additional development, including obtaining updated VA treatment records and arranging for a comprehensive orthopedic examination.

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

The Board denied service connection for lumbosacral strain in May 2003, finding that the correct facts were not before them and that the statutory provisions were correctly applied.

The Board finds that the VA has not fulfilled its duty to notify and assist in this case, particularly regarding the issues on appeal. The veteran's service medical records are missing, and there is a need for further examination and development of evidence related to his low back disorder.

The veteran's claim for pension benefits was received on April 16, 2001. The effective date for the grant of a permanent and total disability rating for pension purposes is set at April 16, 2001, the date of receipt of his claim.

The Board has ordered further development due to pending issues and is remanding the case back to the Regional Office for additional consideration.

The Board has remanded the case to the RO for review of all assembled evidence, including additional VA medical records and VA examinations. The claims will be reconsidered based on all received evidence.

The Board has granted service connection for DJD of the cervical spine, lumbosacral spine, right knee, left knee, and recurrent pulmonary emboli as secondary to service-connected melioidosis.

The Board denied the veteran's claims for service connection for sleep apnea, a 'pulmonary condition', and residuals of palate surgery as secondary to his service-connected tonsillitis. The claim for an initial compensable disability rating for the residuals of tonsillitis was also denied.

The Board has granted service connection for a lumbosacral disability and assigned an initial evaluation of 10 percent.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 20 percent rating since May 25, 2002.

The Board has remanded the case for further development and consideration, including obtaining updated VA clinical records, Social Security Administration (SSA) records, and vocational rehabilitation program information. The veteran's low back problems are being evaluated by a VA orthopedic specialist to determine their impact on his ability to work.

The Board has granted service connection for right leg radiculitis and radiculopathy as a result of the veteran's service-connected lumbosacral strain with degenerative disc disease.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and intervertebral disc syndrome, finding that the evidence did not meet the criteria for higher disability evaluations under the applicable rating schedule.

The Board has remanded the case due to several procedural issues, including failure to provide proper VCAA notice and obtain certain records.

The Board has denied the veteran's claims for service connection for residuals of a right ankle injury and for an increased disability rating for lumbosacral strain.

The veteran's claims for increased ratings for chronic lumbosacral strain and headaches are being remanded to the RO for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Board has reopened the veteran's claim of service connection for a low back disorder, to include lumbosacral arthritis. The case is remanded for further development and examination.