Sleep apnea decisions — 2004

The Board has determined that the veteran's cervical and lumbosacral degenerative diseases are proximately due to, the result of, or aggravated by his service-connected left knee disabilities.

The Board denied the veteran's claim for an earlier effective date for the grant of VA compensation/pension benefits, finding that August 15, 2000 was the earliest submission by the veteran indicating his intent to seek entitlement to compensation or nonservice-connected pension benefits.

The Board denied the veteran's claim for an increased rating for lumbosacral strain with traumatic arthritis, finding that his condition did not warrant a disability rating in excess of 20 percent.

The veteran is seeking an increased rating for her service-connected lumbosacral strain. The Board has determined that the case must be remanded to consider the revised regulatory criteria and provide additional development.

The veteran withdrew his substantive appeal, effectively dismissing all issues on appeal.

The Board denied the veteran's claim for service connection for a neck disability, finding no direct evidence of its onset during active service and insufficient evidence to establish secondary service connection based on her pre-existing psychiatric disorder. The Board also noted that there was no compensable arthritis in the neck within one year after separation from service.

The Board has determined that additional evidence is needed to properly evaluate the veteran's claims, including updated examinations and clarification of his need for aid and attendance due to service-connected disabilities.

The veteran withdrew his appeal for service connection for PTSD, and the issue is dismissed without prejudice.

The veteran's appeal is remanded due to the need for additional development and notification under the VCAA. The RO must ensure all notification and development action required by 38 U.S.C. §§ 5102, 5103, 5103A, and 5107 are fully complied with and satisfied.

The Board found no competent medical evidence linking the veteran's current lumbosacral strain to his service, and thus denied the claim for service connection.

The Board found that the veteran's lumbar and thoracic spine disabilities were not incurred in or aggravated by service, with no new evidence presented to reopen the claims. The preexisting lumbosacral strain was held to have been aggravated during service.

The veteran's flat feet claim is pending as the service-connection theory is not specified.,The secondary service connection for back disorder claim is pending as the service-connection theory is not specified.

The veteran's claims are being remanded to the RO for additional development of his medical records and consideration of new evidence. The case will be returned to the Board after this process.

The case is being remanded to the RO for further development, including obtaining an addendum from a VA orthopedic examiner and verifying all periods of service.

The Board denied service connection for sleep apnea and did not provide new and material evidence to reopen the claim of service connection for Guillain-Barre Syndrome.

The Board has granted an increased rating for the veteran's postoperative residuals of a herniated nucleus pulposus at L5-S1, and has also granted service connection for obesity secondary to this condition. The effective date is set as November 9, 1992.

The Board has granted a 40 percent disability rating for the appellant's service-connected lumbosacral disc disease with S1 root compression, right side, status post L5-S1 discectomy effective January 22, 2004.

The VA denied the veteran's claim for an initial disability rating in excess of 10 percent for his service-connected chronic lumbosacral strain, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a back disorder. The veteran's disability manifested by lumbosacral facet syndrome is due to disease or injury incurred in active service, while damage to cutaneous innervation of midposterior thoracic area is also likely due to an injury in active service.

The veteran's claim for service connection for PTSD was denied due to lack of a current diagnosis. The claim for an increased evaluation for lumbosacral strain was also denied as there were no findings supporting the need for a higher rating.