Sleep apnea decisions — 2005

The veteran's appeal is being remanded for a Travel Board hearing before a member of the Board.

The Board has determined that the veteran's lumbosacral spine disability warrants a 40 percent evaluation from March 23, 1999 to November 16, 2003 and a 60 percent evaluation from November 17, 2003 onwards.

The Board denied the veteran's claims for earlier effective dates for increased evaluations of her service-connected lower back and cervical spine disorders, finding that no increase in disability was factually ascertainable prior to June 11, 2002.

The veteran's claim for an increased rating and temporary total evaluations due to service-connected lumbosacral strain with degenerative disc and joint disease was granted, effective September 23, 2002.

The Board has determined that the appellant's claimed disabilities, including duodenal ulcer disease, malignant melanoma, sleep apnea, enlarged prostate, and Warthin's tumor of the parotid gland, are not established as service-connected. The evidence does not support a finding that these conditions were caused by exposure to ionizing or non-ionizing radiation in service.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the revised rating criteria for spine disabilities.

The veteran's service-connected disabilities have resulted in permanent loss of use of one or both feet, qualifying him for an automobile or other conveyance and adaptive equipment.

The Board found that new and material evidence had been submitted to reopen the veteran's claim of entitlement to service connection for a hiatal hernia with heartburn, and granted an effective date of May 26, 2000 for the award of service connection for PTSD. The issue of service connection for a chronic lumbosacral spine disorder was remanded.

The veteran's claim for an increased rating for chronic lumbosacral strain is being remanded due to the need for further examination and consideration of recent revisions in VA's rating criteria for spine disorders.

The veteran's claims for higher ratings were denied. The RO increased the disability rating for patellofemoral syndrome of the right knee from 10 to 20 percent effective June 11, 2002 and for left patellofemoral syndrome from a zero percent to a 10 percent rating effective April 13, 2004. The veteran's claims for lumbosacral strain and varicose veins were not addressed in this decision.

The case is being remanded to the RO for additional development, including obtaining medical records and notifying the veteran of recent changes in the rating schedule for evaluating disabilities of the spine. The RO should consider all evidence and regulations before readjudicating the issues.

The Board has determined that the veteran's back disability warrants a 60 percent evaluation prior to May 24, 2003 and separate evaluations of 10 percent for left and right lower extremity radiculopathy from May 24, 2003.

The Board denied the veteran's claim to reopen his service connection for a lumbosacral spine disorder and also denied his increased rating for seborrhea.

The Board found that the reduction in rating from 10 percent to noncompensably disabling for rhabdomyolysis with hypokalemia was proper. The claim for service connection for a lumbosacral spine condition is remanded.

The veteran's claim for a higher rating for lumbosacral strain is being remanded due to the need for updated examination findings under the new VA criteria.

The veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain Social Security Administration (SSA) records.

The veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain is being remanded due to the submission of private medical records indicating significant changes in his condition. The case must be referred for a VA neurological examination to evaluate any neurological involvement associated with disc disease at L5-S1.

The veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling a new VA examination to assess the current manifestations of his cervical and lumbosacral spine disabilities.

The Board denied the veteran's claim for service connection for lumbosacral strain with disc disease, finding that his current condition is not related to his military service.

The Board found no evidence of degenerative arthritis of the lumbosacral spine occurring during service or within one year thereafter, and concluded that it was not related to the veteran's military service.