Sleep apnea decisions — 2005

The Board has remanded the case due to incomplete medical records and the need for further development, including a follow-up sleep study.

The veteran's claim for an increased evaluation for lumbosacral myositis is being remanded due to the need for VCAA compliance and additional development of medical records.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative arthritis does not warrant a schedular disability evaluation higher than the current 40 percent rating.

The veteran's appeal is being remanded to obtain VA treatment records and to schedule a new examination for his service-connected lumbosacral fibromyositis. The RO will then evaluate the disability under the amended rating criteria for diseases and injuries of the spine.

The veteran withdrew his appeal for the issue of entitlement to an initial rating in excess of 60 percent for coronary artery disease, status post-bypass. The case is dismissed.

The Board denied service connection for arthritis of the lumbosacral spine and found that new and material evidence had not been submitted to reopen a claim for service connection for prostatitis. The other issues were remanded.

The appellant's claim for an evaluation in excess of 20 percent for lumbosacral strain is being remanded due to the need for a Travel Board hearing.

The veteran's death was not service-connected, and he did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Board has remanded the case to the RO for further development, including a VA examination and readjudication of the claim for service connection for a disability of the lumbosacral spine.

The Board has determined that additional development is needed to address the veteran's service connection and rating claims, including consideration of recent changes in VA regulations.

The Board determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an increased rating.

The veteran's appeal is being remanded due to the need for additional records from Social Security Administration.

The Board denied the veteran's request to restore a 40 percent disability evaluation for lumbosacral strain and upheld the current rating of 50 percent for major depression.

The veteran's initial 40 percent rating for arthritis of the lumbosacral spine is upheld, and his claim for a TDIU remains denied.

The Board denied service connection for the veteran's claimed conditions, finding that pes planus was not incurred in or aggravated by active service, bilateral hearing loss and tinnitus were linked to noise exposure during service, a skin rash and viral illness with dermatitis did not have evidence of an onset related to service, sleep apnea was not due to undiagnosed illness, irritable bowel syndrome was diagnosed years after service without evidence linking it to service, joint pain was also diagnosed post-service without evidence linking it to service, and residuals of mole removal were asymptomatic.

The VA denied the veteran's claim for an increased evaluation for psoriatic spondylitis of the lumbosacral spine, currently rated at 10 percent. The evidence did not show that the condition resulted in limitation of motion or any other symptoms.

The Board denied the veteran's petition to reopen his claim for service connection for a leg disability, as well as his claims for degenerative joint disease of bilateral knees and lumbosacral spine. The decision is final.

The Board has remanded the case for additional development due to inconsistencies in the evidence regarding arthritis of specific joints and to address whether the veteran's degenerative joint disease is related to an injury during active service.

The Board denied the veteran's claim for an earlier effective date for his total disability rating based on individual unemployability due to service-connected disabilities, finding that there was no evidence of a factually ascertainable increase in disability prior to August 25, 2000.

The Board found that the veteran's pre-existing back injury did not worsen during service and his current conditions are not related to military service.