Sleep apnea Board decisions

The Board has remanded the veteran's claims for dental trauma, migraines, and a back condition due to incomplete documentation of his service records and failure to provide proper VCAA notice.

The Board has determined that there is no evidence of chronic ulcer disease or herniated disc of the lumbosacral spine in service, and thus denied both claims.

The veteran's residuals of a lumbosacral injury are manifested by pronounced intervertebral disc syndrome, with more than mild neurological symptoms and severe limitation of lumbar spine motion. A 60 percent rating is warranted for these conditions.

The Board has granted a higher disability rating of 40 percent for lumbosacral strain, effective from December 20, 2001. The veteran's claim for service connection for numbness and tingling in the legs, hands, and fingers remains pending.

The Board granted an increased evaluation of 20 percent for lumbosacral strain from December 10, 2002. The veteran's stomach disorder was not service-connected.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine is related to his service, granting service connection for this condition.

The Board has granted a 40 percent rating for chronic lumbosacral strain with degenerative joint disease and a 30 percent evaluation for migraine headaches, effective September 1, 2005.

The veteran's appeal has been satisfied by the December 2005 rating decision, which granted increased staged ratings and resulted in a combined evaluation of 100% from February 7, 2002. The issues on appeal have therefore been dismissed.

The Board denied the veteran's claims of service connection for malaria, fungus of the toes, lumbosacral spine condition, cervical spine condition, thoracic spine condition, hepatitis C, depression, and headaches. The decision also denied reopening of his previously denied claims.

The Board has determined that additional development is needed in order to properly adjudicate the veteran's claims for service connection for uveitis, neurosarcoidosis, and anemia. This includes obtaining treatment records, employment records, Social Security Administration records, and verifying in-service exposure to asbestos.

The veteran is seeking an increased rating for his service-connected lumbosacral strain, which is currently rated at 10 percent. The case has been remanded due to the need for a video conference hearing.

The veteran's headaches are due to an undiagnosed illness that was incurred in service.,The currently demonstrated lumbosacral strain is shown as likely as not to be due to injury suffered during the veteran's period of service.

The Board granted an initial 60 percent evaluation for the veteran's chronic post-operative lumbosacral spine disability with degenerative disc disease and lumbosacral strain during the entire appeal period.

The Board denied service connection for sinusitis and sleep apnea as there was no evidence of a chronic disability during active duty or post-service, and the veteran's current symptoms were not related to his military service.

The VA denied the veteran's claim for an increased evaluation of his lumbosacral strain, currently rated at 20 percent. The evidence showed moderate severity with limited range of motion.

The veteran's appeal was denied because he did not file a timely substantive appeal regarding the January 2003 rating decision that granted service connection for retinitis pigmentosa with an effective date of March 27, 2000.

The Board has determined that a chronic lumbosacral strain was neither incurred in nor aggravated by service, and thus denied the veteran's claim for service connection.

The Board found that the veteran's current degenerative joint disease/degenerative disk disease of the lumbosacral spine is the result of aggravation during service, and granted service connection for this condition.

The veteran's claims for service connection for COPD, asthma/emphysema, sleep apnea, and prostate condition are denied as they are barred by law due to the provisions of 38 U.S.C.A. § 1103.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 20 percent rating, reflecting severe disability with forward flexion of the cervical spine not exceeding 15 degrees.