Sleep apnea decisions — 2004

The veteran has withdrawn his appeal, and the Board dismisses the case.

The veteran's claims for increased evaluations for lumbosacral pain, chondromalacia of the left knee, and chondromalacia of the right knee are being remanded due to procedural issues.

The Board has denied the veteran's claims for an increased rating for a lumbar spine disability and a total rating based on individual unemployability.

The Board has remanded the claims for increased ratings for PTSD and lumbosacral strain, as well as the claim for TDIU due to inadequate reasons and bases in the December 2002 decision.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain, L4-L5 discogenic disease and bulging disc and degenerative joint disease of the lumbar spine is being remanded due to the need for a more recent VA examination.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding no new and material evidence since the last final September 1988 rating decision.

The Board has determined that the veteran's lumbosacral degenerative joint and disc disease is at least as likely as not caused by his service-connected bilateral hallux valgus disability, resulting in a grant of service connection for this condition.

The veteran's appeal is remanded for further development, including obtaining additional medical evidence and scheduling the veteran for VA examinations to determine the nature and extent of his service-connected lumbosacral strain.

The Board has determined that the veteran's lumbosacral strain and hemorrhoids and anal fissure, status post sphincterotomy and fistulectomy, result in constant slight fecal leakage. The veteran is seeking a compensable initial rating for these conditions.

The Board has determined that the veteran's service-connected low back disability, manifested by degenerative arthritis of the lumbosacral spine with history of laminotomy, L4-L5, warrants a 10 percent rating since the effective date of service connection.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records, scheduling a VA examination to assess the severity of his service-connected lumbar spine disability, and considering all evidence in light of the new rating criteria.

The Board has remanded the veteran's claims for increased ratings due to insufficient evidence and need for further examination.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination. The appellant's claim for an increased disability rating for his lumbosacral strain with degenerative arthritis will be reconsidered after all requested actions are completed.

The Board denied the veteran's claims for increased evaluations and service connection for various disabilities, finding that there was no legal entitlement to secondary service connection for headaches.

The Board has granted a 40 percent rating for the veteran's service-connected low back disability, which includes lumbosacral strain and degenerative disc disease. The condition is rated based on its current manifestations without considering any presumptive exposure or other theories of service connection.

The Board has reopened the veteran's claim for service connection for a back disorder and granted it, finding that there is sufficient evidence to support the claim based on in-service injuries.

The Board has remanded the veteran's claims for service connection and rating determinations related to his hip disabilities due to incomplete evidence.

The veteran is seeking an increased rating for his service-connected lumbosacral disc disease, currently rated at 10 percent. The Board has remanded the case to allow for further development and consideration of the claim.

The Board has remanded the veteran's claims for increased ratings for lumbosacral strain and PTSD due to incomplete development of records, including Social Security Administration (SSA) records and VA examination reports. The RO is instructed to obtain these records and ensure compliance with all notification requirements under the Veterans Claims Assistance Act of 2000.