Sleep apnea decisions — 2006

The Board denied the appellant's claim for an effective date prior to October 19, 2001 for a 40 percent evaluation for his service-connected lumbosacral strain. The earliest possible effective date is October 19, 2001.

The Board has remanded the case for additional development due to missing evidence submitted by the veteran.

The Board has remanded the case due to changes in rating criteria and a need for further examination.

The Board found that the veteran's bulimia nervosa did not meet the criteria for a compensable evaluation, as she had not been prescribed bed rest by a physician and had not missed work due to her condition.

The veteran's degenerative disc disease of the lumbosacral spine at L4-5 is currently rated as 20 percent disabling, and there is no evidence to support a higher rating under either the old or new criteria for intervertebral disc syndrome.

The veteran's claim for service connection for PTSD and an increased rating for lumbosacral strain is being remanded due to the need for additional development, including obtaining service personnel records and verifying stressors. The veteran's low back disability will also be examined by a VA orthopedic examiner.

The veteran's claim for an earlier effective date for a 40 percent rating for lumbosacral injury is being remanded due to the need for compliance with VCAA requirements.

The Board has granted a 30 percent rating for the veteran's lumbosacral strain beginning September 26, 2003.

The Board has granted service connection for sleep apnea but denied service connection for ADHD.

The veteran's spine disability, characterized by degenerative disc disease and radiculopathy in the right lower extremity, has been rated at 40 percent. The Board has determined that a 60 percent rating is warranted based on severe limitation of motion.

The Board has determined that the veteran's DJD of the left knee and lumbosacral spine are proximately due to his service-connected right knee disability, and thus grants service connection for these conditions.

The Board has reopened the veteran's claim of service connection for lumbosacral strain due to new and material evidence submitted since the final decision in July 1998. The case is now remanded for further development, including a VA examination.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 40 percent rating, reflecting more severe symptoms than previously considered.

The Board's March 2005 decision was vacated and remanded by the Court, so there is no final decision for the Board to review on the basis of clear and unmistakable error.

The veteran's lumbosacral strain, now including intervertebral disc syndrome, has been rated at 60 percent since September 23, 2002. The RO granted a separate 10 percent rating for radiculopathy of the right lower extremity effective from September 23, 2002.

The Board has determined that the veteran's low back disability, which began during service in Southwest Asia, is related to his military service and granted service connection for this condition.

The Board has granted the requested increased ratings for the veteran's service-connected bilateral hip disability and lumbosacral strain with right-sided sciatica, assigning a 10 percent rating effective from September 26, 2003 for the right-sided sciatica.

The Board has ordered further development of the evidence for the veteran's claims regarding sleep apnea, left elbow bursitis, right big toe, and left knee arthralgia disabilities. The case is being remanded to the RO for additional examination and review.

The Board has remanded the case due to incomplete development and a need for additional examinations.

The Board has determined that the veteran's hypertension, sleep apnea, and kidney disorder began during his military service. Service connection is granted for all three conditions.