Sleep apnea decisions — 2004

The veteran's back disability is currently rated at 60 percent for recurrent lumbosacral pain with early osteophyte formation and disc space narrowing, which includes unfavorable ankylosis of the lumbar spine, severe limitation of motion, pronounced intervertebral disc syndrome, and severe lumbosacral strain. The current rating adequately reflects these conditions.

The Board has determined that the appellant's claims for service connection for residuals of a groin injury, including left varicocele, and back disability have been denied as new and material evidence was not received to reopen these previously denied claims.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating in excess of 10 percent, and therefore denied an increased rating.

The Board found no clear and unmistakable error in the RO's decision to sever service connection for arthritis, chronic, lumbosacral spine. The veteran did not have a prior diagnosis of arthritis before his injury in 1945, and spondylolisthesis was considered a congenital disorder.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The issues of service connection for residuals of a left shoulder injury and an increased rating for low back disability are also being addressed.

The Board granted an effective date of October 26, 1994 for a 40 percent rating for lumbosacral muscle strain with disc disease.

The veteran's claim for an increased rating for his lumbosacral strain with a herniated L4-5 disc is being remanded due to the need for further examination and consideration of revised rating criteria.

The Board has reopened the claim of service connection for a neck disorder and granted an increased evaluation for right shoulder subluxation and snapping. The left shoulder disability is not addressed in this decision.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for additional development, including a comprehensive neurological examination.

The Board has granted a 30% rating for the veteran's skin disability, which affects more than 20 percent of his body. The previous non-compensable rating is now increased to 10 percent effective February 2003.

The Board has remanded the case for further development due to changes in VA rating criteria and incomplete medical records.

The veteran's service-connected lumbosacral spine disability, characterized as chronic degenerative disc disease, is currently rated at 20 percent and the Board has determined that this rating adequately reflects his current level of disability.

The Board denied the veteran's claim for service connection for the cause of his death and eligibility for Dependents' Educational Assistance under Chapter 35, finding that there was no evidence linking his fatal brain cancer to military service or any presumptive conditions.

The veteran's claim for service connection for musculoskeletal disability, including as a qualifying chronic disability due to service in the Persian Gulf War, is being remanded for further development and consideration.

The veteran's service-connected lumbosacral strain with degenerative joint and disc diseases is currently rated at 40 percent, the highest available rating for severe limitation of motion.

The veteran's appeal is being remanded for further development, including scheduling a VA examination and considering the revised diagnostic provisions for spine disabilities.

The Board has remanded the case for additional development due to incomplete medical records and the need for further examinations.

The Board has denied the veteran's claims for increased evaluations for his service-connected disabilities, finding that none of them meet the criteria for a higher evaluation.

The veteran's appeal was denied for increased ratings of lumbar strain and major depressive disorder, as well as service connection for psychiatric disorders other than major depression. The TDIU claim is also pending.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling examinations to assess his service-connected back disability and any psychiatric disorder.