Sleep apnea decisions — 2004

The Board found no evidence linking the appellant's back disorder to service and denied his claim for service connection.

The Board found that the veteran's obstructive sleep apnea was not incurred in or aggravated by service, and denied his claim for service connection.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for additional development, including a VA examination and consideration of revised rating criteria.

The Board has reopened the veteran's claim for service connection for lumbosacral strain with post-operative residuals of a herniated nucleus pulposus due to new evidence submitted since the last denial in April 1999.

The Board granted service connection for dermatofibrosarcoma due to Agent Orange exposure and assigned an initial disability evaluation of 10 percent. In May 2000, the RO increased the evaluation to 30 percent effective September 14, 1999.

The veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was granted, and he is now rated at 40 percent effective from February 6, 2004.

The VA denied service connection for a cervical spine disorder, lumbosacral spine disorder, right wrist disorder, bilateral ankle disorder, left shoulder disorder, headache disorder, and sinus disorder.,There is no evidence of any current disability related to the veteran's claimed conditions.

The Board has remanded the case due to procedural issues, including notification errors and scheduling of a Travel Board hearing.

The VA determined that the veteran's chronic lumbosacral strain with degenerative disc disease warrants a 20 percent evaluation, effective from July 11, 2002.

The veteran's service-connected disabilities, including optic neuritis, glaucoma, diplopia, and a right eye cataract due to multiple sclerosis, weakness of the Right Lower Extremity (RLE), weakness of the Right Upper Extremity (RUE), weakness of the Left Lower Extremity (LLE), and lumbosacral strain due to multiple sclerosis, are all rated at 40 percent.

The Board has denied the veteran's claims for increased ratings for residuals of a right ankle dislocation, cervical strain, lumbosacral strain, and gunshot wound to the abdomen. The evidence does not meet the criteria for a compensable rating in any of these cases.

The Board has received notification of a withdrawal of the appeal from the appellant's representative prior to the promulgation of a decision.

The Board has determined that the veteran's rosacea is aggravated by his service-connected anxiety disorder, and therefore grants service connection for this condition.

The veteran's claims for increased rating, total disability based on individual unemployability, service connection for various conditions secondary to radiation exposure during service, and compensation under 38 U.S.C.A. § 1151 were all denied by the Board.

The veteran's appeal is being remanded for further development of the evidence, including VA examinations to address service connection and employment issues.

The Board denied a higher initial disability rating for the veteran's service-connected postoperative residuals of a laminectomy, diskectomy due to herniated nucleus pulposus of the lumbosacral spine from December 25, 1998, to September 22, 2002.

The veteran is seeking service connection for sleep apnea. The Board has ordered additional development to obtain relevant medical records and personnel information.

The Board has determined that the veteran's appeals were timely filed, and all issues are now open for de novo review.

The case is being remanded for additional development, including obtaining records from the Social Security Administration and ensuring all notification and development actions required by law are fully satisfied.

The Board determined that there is no legal entitlement to an effective date earlier than March 27, 2000 for the grant of service connection for degenerative joint disease of the lumbosacral spine with herniated nucleus pulposus.