Sleep apnea decisions — 2004

The veteran's claim for an increased rating for his service-connected lumbosacral spine strain with mild scoliosis is being remanded due to the need for a VA examination and consideration of all relevant evidence.

The Board granted service connection for sleep apnea and increased the rating for lumbar spine disability to 40 percent effective from May 14, 1998. The claim for an initial TDIU rating was not addressed in this decision.

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

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling a VA examination. The issues of service connection and rating for his spine disabilities are pending.

The veteran's claims for service connection for bilateral hearing loss, peptic ulcer disease, sinusitis, refractive error, arthritis of the lumbosacral spine, arthritis of the right knee, and arthritis of the left knee were denied. The decision is based on a lack of evidence showing these conditions were incurred or aggravated during active duty service.

The Board denied the veteran's claims for compensable ratings for sleep apnea, low back disorder (lumbosacral strain), and sinusitis. The disabilities were found to be asymptomatic or with slight subjective symptoms only.

The veteran's claim for an increased evaluation for lumbosacral strain with ankylosis is being remanded due to the need for further examination and consideration under new criteria.

The Board has determined that additional development is required before the claim can be adjudicated, including notifying the veteran of new rating criteria and scheduling a VA examination to assess the severity of his service-connected back disability.

The Board found that the veteran's low back disorder, including degenerative arthritis of the lumbar spine and chronic low back pain, is not proximately due to or a consequence of his service-connected left leg disability.

The Board denied the veteran's claims for service connection for nephritis, hypertension and a heart disorder, including secondary to asbestos exposure, as well as sleep apnea. The Board found that there was no evidence of chronic disease during service or post-service continuity of symptoms related to these conditions.

The Board has denied the veteran's claims for increased evaluations for service-connected left shoulder strain, right great toe strain, and patellofemoral pain syndrome of the left knee. The issues of disability evaluations for cervical and lumbosacral strain and service connection for chest pain are remanded to the RO.

The Board denied an increased rating for lumbosacral strain and arthritis of the lumbar spine, but granted a 10 percent evaluation for tinea pedis effective June 8, 1998. The claim for an earlier effective date for tinea pedis was also denied.

The Board has remanded the case for additional development, including an orthopedic examination and a dental examination. The issues of service connection for cervical and lumbosacral spine disabilities are pending.

The veteran's appeal is being remanded for further evaluation of his service-connected chronic lumbosacral strain and fungal infection of the feet, including consideration of both old and revised rating criteria.

The veteran's service-connected disabilities, including his somatoform disorder and various musculoskeletal issues, do not render him individually unemployable.

The veteran seeks service connection for a low back disorder, but the appeal is remanded due to incomplete medical records and lack of information about post-service treatment.

The Board has reopened the veteran's claim of service connection for a back disorder and found that there is an approximate balance of evidence to support the claim. The Board determined that it was at least as likely as not that the veteran's current back disability, including lumbosacral spine stenosis with right L5-S1 radiculopathy and degenerative changes in the lower lumbar spine, was related to his active military service.

The veteran's PTSD was denied an increased rating, and his residuals of liposarcoma were also denied.

The veteran's claim for a higher rating for his lumbosacral strain and residuals of a fractured left metacarpal was granted, with the effective date being May 24, 2000, for the lumbosacral strain and May 14, 2003, for the left hand disability. The veteran's claim for pension benefits prior to May 8, 2003, is also granted.

The Board denied the appellant's request to extend the delimiting date for Survivors' and Dependents' Educational Assistance benefits, finding that he was not eligible due to his age at the time of application.