Sleep apnea decisions — 2004

The Board denied the veteran's claims for service connection for bilateral ankle and foot disabilities, a heart condition, sleep apnea, and left ear hearing loss due to lack of evidence establishing current disability.

The Board found no evidence of a current chronic back disorder related to service and denied the veteran's claim for service connection.

The veteran's appeal is being remanded for further evaluation of his service-connected lumbosacral strain, including consideration of the new regulatory criteria for evaluating disorders of the spine. The AMC will also ensure that VCAA examination and medical opinion requirements are met as to this issue.

The Board found that the reduction of the assigned rating for the veteran's service-connected low back disorder from 40 to 20 percent was not proper and restored the original 40 percent rating.

The veteran's service-connected lumbosacral strain is characterized by moderate limitation of motion and pain during flare-ups, resulting in a disability rating of 40 percent effective from June 10, 2003.

The veteran's service connection for osteoarthritis of the cervical spine, lumbosacral spine, and thoracic spine was granted with initial ratings of noncompensable prior to specific dates, followed by increased ratings.

The Board granted the veteran's claim for a 100 percent disability rating for his service-connected retinitis pigmentosa effective from August 15, 2000. The effective date was set at the earliest date as of which it is factually ascertainable that an increase in disability had occurred.

The Board has restored the previously assigned 40 percent evaluation for lumbosacral strain, effective from November 1, 2001.

The Board has determined that a VA examination is needed to clarify the nature and etiology of the veteran's sleep disorder, including whether it is related to his military service.

The Board denied service connection for lumbosacral strain and granted a non-compensable rating for pseudofoliculitis barbae. The veteran's current condition of pseudofoliculitis barbae is not related to his military service.

The Board has granted service connection for erectile dysfunction, hypertension (claimed as secondary to PTSD), and sleep apnea (claimed as secondary to PTSD). The ratings assigned are noncompensable.

The Board has remanded the case due to the need for additional development, including a VA examination and compliance with VCAA requirements.

The veteran's claim for increased ratings for traumatic osteoarthritis of the lumbosacral spine is being remanded due to changes in rating criteria and additional evidence.

The veteran's claims for higher ratings and an earlier effective date were denied. The Board found that the earliest effective date allowable by law is June 10, 2004.

The case is being remanded for additional VA treatment records, a neurology evaluation, and consideration of amended rating criteria.

The veteran's claims for increased ratings for PTSD and sleep apnea are being remanded to the RO for additional development, including obtaining treatment records and scheduling a VA examination.

The veteran's claims for increased ratings and reopening of his service connection claim were denied. The post-operative residuals, fracture, right scaphoid condition is currently rated at 20 percent disabling.

The Board granted a rating of 50 percent for PTSD effective March 1, 2004. The veteran's lumbosacral strain and GERD were also rated as requested.

The Board has granted a 40% evaluation for the veteran's lumbosacral spine degenerative disc disease prior to March 5, 2001. The reduction of his post-operative lumbosacral spine degenerative disc disease from 60% to 40% effective January 1, 2004 was improper. A compensable evaluation for the veteran's chronic right (major) shoulder injury residuals is denied.

The Board has remanded the case for further development due to deficiencies in the examination report and other evidence.