Sleep apnea decisions — 2005

The Board has remanded the case for further development due to insufficient evidence regarding service connection for a skin disorder and a chronic lumbosacral spine disorder.

The Board found that the veteran's death was due to sepsis, caused by biliary sclerosis, as a consequence of a liver transplant. The service-connected conditions did not cause or contribute substantially or materially to his death.

The veteran's claim for an increased disability evaluation for his service-connected lumbosacral strain is being remanded due to the need for additional medical records, a revised C&P examination, and compliance with VCAA requirements.

The Board has determined that a 20 percent rating is appropriate for the veteran's lumbosacral strain from July 19, 1995 to March 17, 2000.

The Board found no evidence linking the veteran's current low back disability to his service, concluding that it is more likely due to his age and post-service occupation.

The veteran's claims for increased ratings for his service-connected epitheloid angiosarcoma with rib resection and paresis of the left flank musculature are being remanded due to incomplete development under the Veterans Claims Assistance Act of 2000.

The Board has remanded the case due to failure to provide proper notification and development under VCAA, as well as issues regarding the veteran's address. The RO is instructed to ensure compliance with all duties to notify and assist provisions of VCAA.

The Board denied the veteran's claims for increased ratings for his right knee disability and herniated nucleus pulposus with spondylolysis of the lumbosacral spine, finding that the evidence did not meet the schedular criteria for higher ratings.

The veteran's claims for higher initial ratings for right shoulder impingement syndrome, left knee ligament laxity, and arthritis of the left knee with chondromalacia were denied. The claim for service connection for bilateral tinnitus was also denied.

The Board of Veterans' Appeals has ordered the case to be remanded for further examination and development due to conflicting medical evidence regarding the onset of retinitis pigmentosa.

The Board has determined that the veteran's lumbosacral strain, with osteoarthritic changes and limitation of motion, warrants a rating of 40 percent from June 1, 1990 to September 12, 2001.

The Board has determined that the appellant's lumbar spine disability was not incurred or aggravated during his period of active duty for training (ACDUTRA) in June 1993, and therefore denied service connection.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the veteran for a VA examination to assess his current service-connected disabilities.

The Board has remanded the case for further development, including obtaining an opinion from a VA oncologist regarding the etiology of the osteosarcoma and whether it was present prior to or during ACDUTRA.

The Board found that the veteran's current low back disability, including arthritis of the lumbosacral spine, was not incurred in or aggravated by his active service. The examiner opined that the veteran's current condition is due to age-related degenerative changes and not related to his service.

The Board has determined that the veteran's sleep apnea was incurred in active service, and thus grants service connection for this condition.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance or being housebound prior to August 30, 2002.

The veteran's appeal has been dismissed as she withdrew her appeal prior to the Board issuing a decision.

The veteran's initial claim for a higher evaluation for his lumbosacral degenerative joint disease with intervertebral disc syndrome was granted, and he is currently receiving a 60 percent evaluation effective from August 13, 2003. The rating has been reduced to 40 percent as of June 7, 2004.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was granted, with a 20 percent evaluation effective August 1999. The case also addressed the issue of service connection for degenerative disc disease of the lumbar spine.