Sleep apnea decisions — 2006

The Board has determined that new and material evidence was received to reopen the veteran's claim for service connection for chronic lumbosacral strain. However, it is unclear whether the appeal is about service connection at all due to procedural issues.

The Board found no evidence of a chronic lumbosacral spine disorder or left knee disorder that was incurred in service, and denied the veteran's claims.

The Board denied a combined disability rating in excess of 50 percent for the veteran's service-connected conditions prior to July 9, 1999.

The veteran's appeal is being remanded for further development, including obtaining additional treatment records from the Mount Vernon VAMC and issuing a supplemental statement of the case (SSOC).

The veteran's claims for higher disability ratings and service connection have been granted. The specific conditions include traumatic arthritis of the lumbosacral spine, cervical spine, thoracic spine, and dermatitis. Service connection has also been established for erectile dysfunction.

The Board has ordered the case to be remanded for further development due to additional evidence received after a previous SSOC.

The Board denied the veteran's claims for increased ratings for his service-connected low back syndrome, finding that the evidence did not meet the criteria for higher disability evaluations under the applicable VA rating criteria.

The Board has granted a 40% disability rating for the service-connected lumbosacral strain, effective from the date of this decision.

Throughout the rating period, the veteran's chronic lumbosacral strain was productive of complaints of pain and tenderness. The evidence showed some tenderness but no severe limitation of motion or other criteria warranting a higher evaluation.

The veteran's appeal is being remanded for additional development, including obtaining VA records and scheduling examinations to assess the severity of his service-connected disabilities.

The veteran's appeal is being remanded for a Travel Board hearing at the Atlanta, Georgia Regional Office. The case will be returned to the Board if further action is required.

The Board found that the cause of death was an overdose of medications, combined with illegal substances. The service-connected disabilities did not contribute to the veteran's death.

The Board denied an increased evaluation for the veteran's service-connected chronic lumbosacral strain with degenerative joint disease, finding that his disability has been chiefly manifested by pain and no more than a moderate limitation of motion.

The Board has determined that the veteran's service-connected chronic lumbosacral strain syndrome does not warrant a disability rating in excess of 40 percent due to lack of unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the veteran's lumbosacral strain, status post herniated disc L4-5 does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board denied the veteran's claims for increased ratings for spondylosis and spondylolisthesis of the lumbar spine, as well as disc disease of the lumbosacral spine. The RO considered both the old and revised criteria but ultimately determined that a rating in excess of 20 percent was not warranted.

The Board has granted a 40 percent rating for lumbosacral strain, the highest available under current VA regulations.

The Board has determined that the veteran's low back disability is service-connected, but his bilateral knee disability cannot be linked to military service.

The Board has determined that further development is necessary before the claim for service connection for sleep apnea can be decided.

The veteran's appeal for an increased evaluation of her service-connected chronic lumbosacral spine strain is granted, with a final rating of 40 percent effective from the date of this decision. The claim for service connection for bilateral pes planus remains pending.