Sleep apnea Board decisions

The Board has determined that the veteran's current lumbosacral strain is not related to his active service and denied his claim for service connection.

The veteran's claim for an increased rating for lumbosacral strain with disc disease is being remanded due to the failure to appear for a scheduled VA examination and the need to provide corrective notice in accordance with Vazquez-Flores.

The veteran's appeal is being remanded for additional development, including VA examinations and the retrieval of relevant records.

The Board has granted the veteran's claim, finding that hypertension is proximately due to or the result of his service-connected obstructive sleep apnea.

The Board granted the veteran's claims of service connection for obesity, diabetes mellitus, hypertension, sleep apnea, depression, a skin rash, and an eye disability as secondary to his service-connected hypothyroidism.

The Board finds that the evidence supports a finding that the veteran's sleep apnea began in service, and grants entitlement to service connection for this condition.

The Board has determined that the veteran is entitled to NSC pension effective October 4, 2004, based on his total disability due to multiple service-connected disabilities. The effective date was granted as it is the earliest possible date when the record showed the criteria for NSC pension were met.

The Board granted a rating of 60 percent for the veteran's service-connected lumbosacral strain with secondary degenerative disc disease, effective from September 25, 2003.

The veteran's appeal has been withdrawn, and the case is dismissed.

The VA granted service connection for sleep apnea but assigned a zero percent evaluation, effective from April 20, 2001.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grant due to his inability to walk without assistance and the lack of structural adaptations needed in his home.

The veteran's claim for an increased rating for lumbosacral strain with scoliosis prior to July 8, 2003 is granted. The claim for an increased rating for sinusitis remains pending.

The veteran's chronic lumbosacral strain with degenerative disc disease and herniated nucleus pulposus L4-5 is currently rated at 40 percent, effective August 30, 2002.,His right inguinal hernia repair with residuals is currently rated at 10 percent, also effective August 30, 2002.,The veteran's status-post meniscectomy of the left knee with residuals is currently rated at 10 percent, also effective August 30, 2002.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease is related to his military service and grants service connection. The veteran's bilateral hearing loss does not meet the criteria for a compensable evaluation, as his puretone thresholds are within normal limits or below the threshold for compensation under VA rating criteria. The scars from shrapnel wounds do not warrant a higher evaluation.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to determine the etiology of the veteran's knee arthritis and the current severity of his lumbar spine disorder.

The Board has granted an effective date of January 18, 2005 for the award of a 40 percent rating for lumbosacral strain.

The Board has determined that the veteran's service-connected major depressive disorder and lumbosacral strain do not warrant higher initial evaluations.

The veteran's claim for a higher disability rating for his lumbosacral strain with degenerative disc disease is being remanded due to the need for a new examination and consideration of additional evidence.

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain due to new and material evidence submitted since the last final decision. The underlying merits of the claim will be addressed in a separate remand.

The Board granted a TDIU effective January 31, 2003. The veteran's combined disability ratings for service-connected conditions were at least 70% from that date.