Sleep apnea decisions — 2005

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 10 percent, based on his symptoms and physical examination findings.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine the nature and etiology of the veteran's back disability.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability (TDIU) were denied due to his failure to report for scheduled VA examinations in August 2004.

The veteran's degenerative changes of the lumbosacral spine result in limited forward flexion, but do not meet the criteria for a higher disability rating under either the former or revised VA rating criteria.

The Board denied DIC under 38 U.S.C.A. § 1318 based on hypothetical entitlement to a total disability rating for a continuous period of at least 10 years prior to the veteran's death, as the veteran had not been rated as 100% disabled during that period.

The veteran's appeal has been withdrawn, and the Board is dismissing his case.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by active service and is not proximately due to or the result of his service-connected disabilities. The claim for service connection is denied.

The Board found no evidence of a disease or injury in service and denied the veteran's claim for service connection.

The veteran's appeal is being remanded to the RO for additional development due to VCAA compliance issues.

The veteran's claim for service connection for degenerative joint disease of the lumbosacral spine is being remanded due to incomplete medical records and a need for further examination.

The veteran's bilateral arm and leg disabilities are considered part of her service-connected cervical and lumbar spine disorders, respectively.

The veteran's service-connected disabilities rendered him unable to work prior to March 29, 1996. The Board found that the evidence did not reflect such disability prior to this date.

The Board found no evidence of a nexus between the veteran's service and his current lumbar spine disabilities, including degenerative disc disease, herniated nucleus pulposus, and lumbosacral strain. The claim was denied.

The veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease is currently evaluated as 20 percent disabling, but the claim for a higher rating remains denied. The radiculopathy of the left leg associated with this condition is also rated at 10 percent.

The veteran's claims for an increased evaluation for lumbosacral strain and a total rating based on individual unemployability due to service-connected disability were denied. The Board found that the current evaluation of 40 percent is appropriate under the old criteria.

The Board denied a rating in excess of 20 percent for lumbosacral strain with degenerative changes.

The VA denied an increased evaluation for the veteran's service-connected lumbosacral strain, currently rated at 10 percent.

The veteran's appeal is being remanded to obtain additional medical records and to consider applicable rating criteria for his low back disorder. His claims for increased ratings for lumbosacral radiculopathy, bilateral hearing loss, and reopening of service connection claims are also being considered.

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are related to injuries sustained during active service, leading to a grant of service connection.

The Board has granted the veteran's application to reopen his claim of entitlement to service connection for post-operative lumbar spine degenerative disc disease and has determined that he is entitled to this benefit. The issue of an increased disability evaluation for his lumbosacral strain residuals with spina bifida remains pending.