Sleep apnea decisions — 2005

The veteran's claims for service connection, effective dates earlier than specified dates, and initial ratings are being remanded due to the need for additional development.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's claim for an increased evaluation for lumbosacral strain is being remanded due to the need for additional evidence and examination.

The Board has remanded the case for additional development, including obtaining VA Persian Gulf examination reports and scheduling a VA examination to determine if the veteran's obstructive sleep apnea is related to his service-connected bronchitis with reactive airway disease or sinusitis with allergic rhinitis.

The Board has remanded the case due to a request for a hearing and additional medical records need to be obtained.

The veteran was in receipt of a total disability rating based on individual unemployability due to service-connected disabilities since January 26, 1996. The appellant's claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) is denied as the criteria have not been met.

The veteran's lumbosacral spine disability is currently rated at 60 percent, but the Board denied an increased rating for this condition.

The veteran's claims for higher initial ratings for his back injury, DDD of the lumbar spine, and neuropathy of both lower extremities have been granted. The RO has assigned specific ratings based on the severity of these conditions as of certain dates.

The Board has dismissed the appeal due to the veteran's death.

The Board found that the veteran's intervertebral disc syndrome did not meet the criteria for a rating in excess of 20 percent during the period from December 23, 1988 to April 28, 1991.

The Board denied the veteran's claims for service connection for residuals of frostbite of a left toe and an increase in his rating for low back disability. The veteran does not have current residuals of frostbite of a left toe, and there is no evidence to support a grant of service connection for this condition. For his low back disability, the Board found that the preponderance of the evidence was against a higher rating.

The Board denied service connection for a chronic headache disability and arthritis of the spine, both secondary to the service-connected residuals of a lumbosacral strain. The veteran's claim for petit mal seizures was also denied.

The Board found that the veteran's current spinal disorders, including degenerative, osteoarthritic and psoriatic arthritis of the thoracic and lumbosacral spine, are not related to his April 21, 1964 injury in service. The claim was denied.

The Board has determined that the veteran's thoracic and lumbar spine disabilities warrant separate 10 and 40 percent ratings, respectively. The RO initially considered this claim under both sets of criteria but is now considering it under the revised criteria effective September 23, 2002, and September 26, 2003.

The Board denied the veteran's claims for increased ratings, finding that his lumbosacral spine disability did not meet or approximate the criteria for a higher rating under either the old or new VA rating schedules.

The veteran's claims for increased ratings for sleep apnea with restrictive airway disease and urticaria were denied, while his claim for service connection for a gastrointestinal disorder was not addressed due to the appeal being about another issue. The veteran is currently rated at 50% for sleep apnea with restrictive airway disease.

The Board denied the veteran's claim for service connection for a lumbosacral spine disorder to include degenerative disc disease, finding that there was not enough evidence to support her claim.

The Board found that a lumbosacral spine disability was not incurred in or aggravated by active service and denied the veteran's claim.

The Board denied an increased rating for the service-connected lumbosacral strain, finding that it did not meet the criteria for a higher evaluation.

The Board has ordered additional examinations and development due to the lack of recent VA examination reports, which are necessary for a proper evaluation of the veteran's claims.