Sleep apnea Board decisions

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.

The Board granted a disability rating of 40 percent for fibromyositis secondary to spondylolysis of L5 and spina bifida occulta of S1, effective April 15, 2002.

The veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the Board denies entitlement to a total disability rating based on individual unemployability.

The Board has determined that the veteran's diabetes mellitus was not incurred as a result of his active service and may not be presumed to have been incurred therein. The issues regarding increased ratings for service-connected lumbosacral strain and generalized anxiety disorder, as well as a total disability rating based on individual unemployability, are addressed in the REMAND portion of this decision.

The Board has granted restoration of the 20 percent rating for lumbosacral strain, but denied an increased evaluation in excess of 20 percent.

The Board has denied the veteran's claims to reopen his service connection claims for right lower extremity disability, lumbosacral disability, and upper respiratory disability due to lack of new and material evidence.

The Board has reopened the veteran's claims for service connection, but denied them on their merits as there is no evidence of in-service injury or disease that would support a finding of service connection.

The VA determined that the veteran's service-connected lumbosacral strain with traumatic arthritis warranted a 20 percent evaluation, which is the maximum schedular rating available for this condition.

The Board has remanded the veteran's claims for increased evaluations of his service-connected lower back, prostatitis, and rheumatoid arthritis of the right hand and wrist disabilities due to incomplete development. The RO/AMC is instructed to verify whether or not the veteran is receiving disability benefits from SSA and obtain any relevant medical documentation.

The Board found that the veteran's lumbosacral strain and right knee degenerative joint disease were not incurred in or aggravated by active military service.