Sleep apnea decisions — 2004

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a sleep disorder, including sleep apnea. The appeal is granted.

The Board denied the veteran's claim for an increased rating for his right knee traumatic arthritis, status-post total knee replacement, as his disability picture does not warrant a higher evaluation.

The veteran is seeking service connection for a low back condition, which he claims was incurred during his military service. He also contends that the current condition may be related to his service-connected right and left knee disorders. The Board has ordered additional development including scheduling a VA examination.

The veteran's appeal is remanded due to the need for a VA examination and consideration of revised rating criteria. The claims for increased ratings are also referred back to the RO.

The Board has denied the veteran's claims for service connection for hypertension, a lumbosacral spine disability, bilateral plantar fasciitis, fibromyalgia, and major depressive disorder.

The Board denied the veteran's claims of service connection for sleep apnea and peptic ulcer disease, finding no direct or secondary relationship to his military service.

The Board found that the appellant's lumbosacral strain did not meet the criteria for a rating greater than 10 percent, as it did not cause limitation of forward flexion to 60 degrees or combined range of motion to 120 degrees.

The veteran's claim for an increased evaluation of his chronic lumbrosacral strain is being remanded due to the need for compliance with VCAA notice and duty to assist provisions, consideration of revised rating criteria, and obtaining additional medical records.

The Board has dismissed the appeal due to a withdrawal of the appeal by the appellant's representative prior to the promulgation of a decision.

The veteran's claim for an increased evaluation of his lumbosacral spine disability was granted, with a current rating of 50 percent effective April 10, 2000.

The veteran's claim for an increased evaluation for his service-connected fibrosarcoma of the right groin is being remanded to allow for additional development, including a VA examination and consideration of new evidence.

The veteran's claim is being remanded for further evaluation under the revised rating criteria for lumbar spine disabilities effective September 26, 2003. The RO must ensure all notification and development action required by the VCAA has been completed, including obtaining a VA neurological examination to determine the nature, extent, and severity of his service-connected lumbosacral strain with arthritis.

The veteran's appeal is being remanded for additional development, including obtaining updated treatment records and an addendum to the November 2002 VA examination. The issues of service connection for fibromyalgia on both direct and secondary bases, as well as consideration of the revised rating criteria for spine disorders, will be re-adjudicated.

The Board has remanded the case for additional development due to a failure by VA to satisfy its duty to assist in obtaining certain medical records related to the veteran's service-connected lumbosacral strain.

The veteran seeks a higher disability rating for his service-connected lumbosacral strain with degenerative disc disease at L5-S1, currently rated as 20 percent disabling. The RO is remanded to consider the revised diagnostic criteria and provide an opportunity for the veteran to respond.

The Board has determined that additional development is needed, including obtaining the veteran's service medical records and arranging for a VA psychiatric and sleep disorder examination. The claims will be remanded to the RO for further action.

The veteran's appeals for increased disability ratings for PTSD, lumbosacral strain, hypertension, and post-traumatic headaches have been dismissed as the veteran withdrew his appeal in January 2004.

The Board denied the veteran's claims for increased evaluations for retinitis pigmentosa, chronic inactive pulmonary tuberculosis, and depression. The veteran was granted a 30 percent evaluation for retinitis pigmentosa effective August 1, 1996.

The Board found that an earlier effective date prior to September 28, 2000 for the 50% evaluation of PTSD is not warranted. The veteran's claim for increased rating for his low back injury was also denied.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for further development, including a VA examination and consideration of revised rating criteria.