Sleep apnea Board decisions

The appeal is remanded to the Appeals Management Center (AMC) in Washington, DC for further action. The veteran's claims for service connection and reopening of his PTSD claim are being reviewed.

The Board of Veterans' Appeals has denied the veteran's claim for a rating in excess of 10 percent for his service-connected lumbosacral strain.

The veteran's claims for service connection for major depression, narcolepsy, and sleep apnea are being remanded due to the need for additional development of his medical records.

The VA determined that the appellant's service-connected lumbosacral strain disability is currently asymptomatic, but has shown moderate limitation of motion and muscle spasms with pain on motion over the course of the appeal period. The current rating for this condition remains at 20 percent.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations.

The Board granted increased ratings for the veteran's service-connected lumbosacral and thoracic spine disabilities, effective from September 26, 2003. Prior to that date, he was awarded a combined 20 percent evaluation.

The Board denied the veteran's claims for service connection for chronic fatigue and sensory peripheral neuropathy of the lower extremities, finding that these conditions were not incurred in or aggravated by service.

The Board has granted the veteran's claims for increased ratings for his service-connected depression, hiatal hernia, and lumbosacral strain with degenerative disc disease of the lumbosacral spine. The effective date is August 4, 2000.

The Board has granted service connection for lumbar spine intervertebral disc syndrome and lumbar radiculopathy involving the left lower extremity with loss of reflexes, foot drop, and muscular atrophy.

The Board denied the veteran's claim for a disability evaluation in excess of 20 percent for lumbosacral strain.

The Board has granted a higher evaluation of 40 percent for lumbosacral strain from October 4, 1998. The other service-connected conditions have been evaluated as noncompensably disabling.

The Board has remanded the case for further development, including obtaining updated treatment reports and arranging for VA orthopedic and neurological examinations to assess the current severity of the veteran's service-connected lumbosacral strain. The issue remains about determining an appropriate rating based on the current disability.

The Board has remanded the claims for increased ratings due to incomplete examination reports and additional development is required.

The veteran's service-connected nasal fracture is not manifested by 50 percent obstruction of the nasal passage on both sides or the complete obstruction on one side, and therefore, his claim for a compensable evaluation remains denied. The issue of service connection for sleep apnea secondary to the service-connected nasal fracture will be deferred pending completion of the development sought in the remand.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for updated medical records, a VA examination, and consideration of new evidence.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his service-connected residuals of a lumbosacral strain on an extraschedular basis, finding that the disability did not present such an exceptional or unusual picture with related factors as marked interference with employment or frequent periods of hospitalization to render inadequate the regular schedular standards.

The Board denied the veteran's claims for service connection for lumbosacral, left hip, and right hip disabilities as secondary to his service-connected residuals of a bone cyst of the left knee. The claimant's request for an increased rating for his service-connected residuals of a bone cyst of the left knee was granted.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Board has decided to remand the case for further development, including obtaining medical records and conducting additional examinations. The claim of service connection for sleep apnea will be reconsidered in light of any new evidence.

The Board has granted service connection for bilateral hearing loss, degenerative arthritis of the knees and ankles, sleep apnea, and dysthymic disorder (chronic depression) due to exposure in the Persian Gulf War. The veteran's conditions are presumed to be related to his military service.