Sleep apnea decisions — 2004

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, finding that the evidence did not show a worsening of his condition.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is being remanded due to the need for additional development, including a VA examination.

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

The VA denied reopening the veteran's claim for service connection due to lack of new and material evidence, and also denied the claim on the merits.

The Board denied a rating in excess of 50 percent for the veteran's service-connected back disability, finding that the current rating adequately reflects his condition.

The Board has granted service connection for the veteran's low back disability, effective from July 19, 1988. The case is now remanded to obtain additional medical records and readjudicate the claim.

The Board has determined that additional development is needed to ensure the veteran's claims are properly considered, including obtaining his National Guard service records and scheduling him for examinations.

The VA has denied the appellant's claims for increased ratings for his left knee, left ankle, and low back disabilities. The RO found that the current evaluations of 10 percent are appropriate based on the symptoms described.

The veteran's claim for an increased rating for his service-connected lumbosacral/dorsal spine disorder is being remanded due to the inadequacy of a previous VA examination and the need for further evidentiary development.

The Board denied the veteran's claims for increased ratings for various conditions, including bilateral hearing loss, vitiligo, traumatic arthritis of the right knee, and lumbosacral strain. The decision did not address service connection theory or exposure basis.

The veteran's claims for increased ratings are being remanded due to the need for additional development and compliance with VCAA requirements.

The Board denied service connection for degenerative joint disease with limitation of motion of the right hip, degenerative joint disease and degenerative disc disease of the lumbosacral spine, and rotator cuff insufficiency and limitation of motion of the left shoulder.

The veteran's claim for an increased evaluation of his service-connected low back disability is being remanded due to the need for additional medical records and examination.

The Board denied service connection for lumbosacral strain and liver damage due to substance abuse. The veteran's low back disorder is not considered service-connected, as there was no evidence of a current disability related to his period of active duty. For the liver damage claim, the Board found that the veteran engaged in drug use during service which may have contributed to his condition, but did not establish direct or secondary service connection.

The Board has remanded the case for clarification of opinions regarding whether the veteran's pre-existing retinitis pigmentosa increased in severity during service and if so, whether such increase was due to natural progression or environmental factors.

The Board found no evidence of any in-service treatment for the symptoms and manifestations of sleep apnea or insomnia. The preponderance of the evidence is against a finding that the veteran's currently diagnosed sleep apnea and residual insomnia are related to service or service-connected tinnitus.

The Board has dismissed the appeal due to the appellant's request for withdrawal prior to a decision being made.

The Board has reopened the veteran's claim for service connection due to new and material evidence showing that his current back problems are likely related to an in-service injury. The claim is now considered on its merits.

The Board found that the veteran's left forearm scar existed prior to his military service and was not aggravated by such service. The arthritis of the lumbar spine is related to service.

The Board has ordered additional development due to the need for a VA examination and consideration of all pertinent regulations.