Sleep apnea decisions — 2004

The case is being remanded for further development to determine the dates of service and any related work-related injuries, as well as to obtain a VA examination to assess the relationship between current back and thigh problems and service.

The Board found that the veteran's sleep apnea was not incurred in or aggravated by active military service.

The veteran's service-connected L5-S1 lumbosacral spine fusion was rated at 20 percent since May 23, 2003.

The Board has granted service connection for valvular heart disease, finding it incurred during active service. The remaining issues of sleep apnea, neuropathy, disability of the central nervous system, and other conditions are remanded for further examination.

The Board granted a 40 percent rating for lumbosacral strain syndrome with superimposed degenerative disc disease of L5-S1 effective to October 16, 1995. The claim for service connection for bladder incontinence as secondary to service connected thoracolumbar spine disability is pending.

The Board has determined that the veteran's combined rating of 80% for service-connected disabilities is not sufficient to warrant a total disability evaluation based on individual unemployability.

The VA has granted a 40 percent disability evaluation for the veteran's service-connected chronic lumbosacral strain, effective as of September 23, 2002 (the date the revised criteria were implemented).

The veteran's lumbosacral strain with bilateral spondylosis at L5-S1 is currently rated as 40 percent disabling. The bone spur in the left foot and mallet toe deformity of the right foot are both rated as non-compensable.

The veteran's claim for a rating in excess of 30 percent for his hypertensive cardiovascular disease was denied.,Service connection for sleep apnea, claimed as secondary to hypertension, was also denied. However, the veteran received service connection for PTSD effective April 7, 2001.

The veteran's claims of service connection for residuals of a ruptured Achilles tendon, degenerative joint disease of the hips and lumbosacral spine, and residuals of injuries to the left knee and ankle are being remanded due to inadequate examination reports. The claim for higher rating for PTSD is also being remanded.

The veteran's claim for an increased evaluation for his service-connected lumbosacral spine injury is being remanded due to the need for additional evidence and a new examination.

The appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC for further action. The veteran and his attorney need to provide additional evidence and information regarding their claims.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the appellant's service-connected left knee disability caused or aggravated his lumbar spine and right ankle disorders.

The veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.29 and 4.30 was denied because the surgery performed at a VA medical center on October 29, 2001, pertained to a nonservice-connected cervical spine disability.

The VA determined that the veteran's spondylolisthesis of the lumbosacral spine warrants a 20 percent evaluation, effective from the date of his claim.

The veteran's vocational rehabilitation claim is being remanded for further development and evaluation due to the addition of new evidence.

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

The Board denied the veteran's claims for increased ratings and service connection, finding that his heart disease and hypertension were not incurred in or aggravated by active service.

The Board has determined that the veteran's current degenerative lumbosacral spondylosis is related to his military service, granting service connection for this condition.

The November 1955 rating decision denied service connection for retinitis pigmentosa, concluding that the condition existed prior to service and any increase in severity was due to its natural progression.