Sleep apnea decisions — 2007

The veteran's claim is being remanded for further development due to the need for compliance with VCAA requirements.

The VA determined that the veteran's back disability, specifically rheumatoid arthritis of the lower thoracic spine and ankylosis of the lumbosacral spine, is currently rated at 40 percent disabling. The Board found no evidence to support a higher rating based on current diagnostic criteria.

The Board denied the restoration of a 100% rating for duodenal ulcer with submucosal carcinoid tumor, finding that there was no clear and unmistakable error in the original decision.

The veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at the Silliman University Medical Center from September 13, 1998, to September 16, 1998. The other issues were denied.

The veteran's lumbosacral spine disorder is rated at 20 percent, effective from the date of his claim. Service connection for PTSD was denied.

The veteran's appeal is being remanded for additional development due to a material change in his disability since the last examination.

The veteran's lumbosacral strain with degenerative disc disease results in limited motion of the thoracolumbar spine, but does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board denied an increased rating for the veteran's lumbosacral strain, finding that his symptoms did not meet or approximate the criteria for a higher evaluation.

The Board has determined that the veteran does not have a current diagnosis of prostatitis, headache disorder, or depression. The VA medical examination revealed current diagnoses of gastrointestinal disorder (GERD) and sleep disorder (obstructive sleep apnea).

The veteran's claim for an increased rating for his low back disorders was denied, as the evidence did not show that he met the criteria for a higher evaluation under the applicable VA rating schedule.

The veteran's appeal for a higher rating for his lumbosacral spine condition has been dismissed due to the death of the veteran.

The Board denied an increased rating for lumbosacral strain with degenerative disc disease, finding that the veteran's disability did not meet criteria for a higher evaluation.

The Board has determined that an effective date earlier than April 14, 2003 for the assignment of a 40 percent rating for service-connected lumbosacral strain is denied.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling new VA examinations.

The VA determined that the veteran's low back disability, which causes pain and limitation of motion, does not warrant a higher rating than 40 percent.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disorder, finding that the new evidence submitted did not relate to an unestablished fact necessary to substantiate this claim.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain is being remanded due to the need for a new VA examination and additional VCAA notice.

The Board dismissed the veteran's appeal due to a lack of timely substantive appeal for the January 2002 rating decision denying an increased rating for lumbosacral strain. The case was remanded for further development and examination.

The veteran's low back disability is rated at 60 percent since June 3, 2004. The left foot condition is currently rated at 30 percent since June 3, 2004.

The veteran's claims for increased evaluations were denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating schedule.