Sleep apnea Board decisions

The Board has remanded the veteran's claims for service connection for sleep apnea and rheumatoid arthritis, including as secondary to PTSD. The RO must ensure proper notice is provided, schedule a VA examination, and readjudicate the claims with consideration of Allen v. Brown.

The veteran's fibromyositis of the dorsal and lumbosacral muscles is rated at 40 percent effective February 9, 2005. His PTSD remains in controversy as he has already received a full award for service connection.

The Board granted an increased evaluation to 20 percent for lumbosacral strain with arthritis from August 2, 1999. The effective date is March 16, 2005.

The veteran seeks an increased evaluation for his service-connected lower back disability, which is currently rated at 20 percent. The case has been remanded to obtain updated medical records and conduct VA examinations.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain, which is the maximum schedular rating available under the old criteria. The new criteria do not provide a higher rating.

The veteran's degenerative joint disease of the lumbosacral spine was rated at 10 percent prior to October 20, 2005.,Effective October 20, 2005, the veteran's disability rating for his lumbosacral spine condition was increased to 20 percent.

The Board has remanded the case for further development and readjudication, including obtaining medical records and scheduling an examination to assess the veteran's disability.

The Board denied service connection for fibromyalgia and sleep apnea, finding no current evidence of these conditions.

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, as it did not meet the schedular criteria for a higher rating.

The Board granted an increased rating of 40 percent for the veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease, but denied a higher evaluation for his right knee disability.

The Board found that the veteran's service-connected lumbosacral strain did not meet or approximate criteria for a higher rating than 40 percent, as it did not result in pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy.

The veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination.

The VA has requested a medical opinion to determine if the veteran's current sleep apnea is related to his service-connected bronchial asthma, or if it had its onset in service. The case is being remanded for this purpose.

The veteran's claims for service connection were denied. The RO found no evidence of the claimed conditions during or within one year after his periods of active duty, and there was no medical opinion linking any current disabilities to his military service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for a videoconference hearing.

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

The veteran's appeal is remanded to obtain additional evidence and conduct a VA examination to determine the current extent of his service-connected lumbosacral strain with degenerative disc disease. The RO must also consider all relevant criteria for evaluating disabilities of the spine, including those effective prior to September 23, 2002, effective September 23, 2002, and effective September 26, 2003.

The veteran's lumbosacral spine disability is currently rated as 40 percent disabling, with no higher rating granted under the old criteria for intervertebral disc syndrome (IVDS).,The veteran was granted an initial 10 percent rating for his fibromyalgia effective November 20, 2002.

The VA determined that the veteran's chronic lumbosacral strain does not warrant an evaluation in excess of 10 percent.

The veteran's claim for an increased rating for lumbosacral degenerative joint and disc disease with mild wedge compression fracture of T12 was granted, but the appeal regarding service connection for a cervical spine disorder is still pending.