Sleep apnea decisions — 2005

The veteran seeks to reopen his claim of service connection for a low back disorder, claimed as residuals of a lumbosacral strain. The RO/AMC will need to provide VCAA compliant notice and obtain all outstanding VA treatment records before deciding whether new and material evidence has been submitted.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of the veteran's back disability. The issue will be reconsidered after all evidence is considered.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board denied the veteran's claims for service connection for sleep apnea and for increased ratings for his chest injury residuals. The examiner found no causal relationship between the veteran's current sleep apnea and his military service.

The veteran's appeal is remanded due to the need for additional development, including a VA examination and issuance of a statement of the case regarding his service-connected schizophrenia.

The veteran's claim for increased ratings for lumbosacral strain with healed compression fractures at D12, L1 and L2 was denied. The RO initially granted a 10 percent rating in February 1979, which has been adjusted to 20 percent effective December 2, 2004.

The veteran's PTSD is service-connected and a 60 percent evaluation for his back disability has been granted effective January 29, 1993.,A total evaluation based on individual unemployability due to service-connected disabilities has also been granted.

The Board has determined that further development is necessary for the veteran's claims, including obtaining medical records and work history information. The case will be remanded to the RO/AMC for these purposes.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine is related to service, while his residuals of an injury (other than a cold injury) to the legs are not. The claim for residuals of an injury to the legs is denied.

The veteran's low back disability is currently rated at 40 percent, effective from May 14, 1999. The Board has now determined that a higher rating is not warranted for the period from September 26, 2003 onwards.

The Board found that the veteran was not entitled to a program of education under Chapter 31, Title 38, United States Code because he declined employment assistance offered by VA and remained employed full-time in a suitable position.

The Board has determined that the veteran timely filed a notice of disagreement to the April 2000 rating decision, and thus grants this issue. The effective date for the increased ratings is set at November 14, 2001.

The Board granted an initial 10 percent evaluation for lumbosacral strain with spondylosis effective from July 1, 2001 to June 12, 2005. As of June 13, 2005, the veteran's condition warranted a 20 percent rating.

The Board has remanded the case for further development due to new evidence submitted by the appellant's representative.

The Board denied the appellant's claim for an earlier effective date for a TDIU, finding that there was no evidence showing that his service-connected disabilities prevented him from securing or following substantially gainful employment prior to May 19, 2004.

The Board has determined that the veteran's neck disorder, back disorder, and right leg disorder are all service-connected. The VA examinations have provided diagnoses for these conditions, with some uncertainty regarding their exact etiology.

The Board denied the veteran's claim for service connection for sleep apnea, finding that there was no medical evidence to support a link between his current sleep apnea and his military service.

The VA denied an initial rating in excess of 20 percent for the veteran's service-connected chronic lumbosacral strain.

The Board denied the veteran's claims for service connection for PTSD and sleep apnea, finding that there was insufficient evidence to establish a link between her current symptoms and any in-service stressors or events.

The Board found that the veteran does not have a chronic bilateral carpal tunnel syndrome of service origin and denied his claim for service connection. For his lumbosacral strain with narrowed disc space at L-5/S-1, the Board concluded that there is sufficient evidence to grant a 60% evaluation based on severe symptoms.