Sleep apnea Board decisions

The veteran's appeals for increased disability ratings for PTSD, lumbosacral strain, hypertension, and post-traumatic headaches have been dismissed as the veteran withdrew his appeal in January 2004.

The Board denied the veteran's claims for increased evaluations for retinitis pigmentosa, chronic inactive pulmonary tuberculosis, and depression. The veteran was granted a 30 percent evaluation for retinitis pigmentosa effective August 1, 1996.

The Board found that an earlier effective date prior to September 28, 2000 for the 50% evaluation of PTSD is not warranted. The veteran's claim for increased rating for his low back injury was also denied.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for further development, including a VA examination and consideration of revised rating criteria.

The Board granted the veteran's claim for service connection for sarcoidosis and awarded a 100% evaluation for hypertension. The other issues were either withdrawn or dismissed.

The Board found that the veteran's claim for an earlier effective date for service connection of RP was not timely filed, and thus dismissed the appeal.

The veteran's appeal is remanded due to the need for additional development, including obtaining a VA examination and ensuring proper VCAA notice.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the failure to report for scheduled VA examinations and because new regulations pertaining to spine ratings must be applied.

The Board has determined that the current evaluation for the veteran's service-connected residuals of compression fracture, spine with chronic lumbosacral strain is inadequate and remanded to provide a new examination under both old and new rating criteria.

The Board has determined that new examinations are necessary to determine the current status of the veteran's service-connected disabilities, and further development is required in order to comply with VA's notification requirements under the VCAA.

The Board has granted service connection for residuals of a fractured coccyx, finding that the fall causing this injury was due to his service-connected knee disabilities. The claim for service connection for degenerative joint disease of the lumbosacral spine is not addressed in this decision.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining medical records, arranging for a VA examination to assess PTSD, and ensuring compliance with all requested development.

The Board has remanded the case for further development and examination, including obtaining medical records from the veteran's service period and examining his current disabilities.

The veteran's death was not service-connected, but he had been continuously rated as totally disabled for a period of at least ten years immediately preceding his death. As such, DIC benefits were denied.

The Board denied the veteran's claims of entitlement to an effective date earlier than June 4, 2001 for service connection and a rating in excess of 20 percent for lumbosacral strain.

The March 1949 rating decision did not grant a separate disability rating for the veteran's psychiatric condition, which was instead considered part of his physical conditions. The Board found no CUE in this decision.

The veteran's appeal is being remanded to the RO for further examination and consideration of his service-connected lumbosacral strain with traumatic arthritis and cervical sprain with traumatic arthritis under both old and new rating criteria.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional VA examinations, consideration of new rating criteria, and a social and industrial survey. The RO will also review the claims file and ensure all necessary notice and development has been undertaken.

The Board granted a 20 percent rating for the veteran's lumbosacral strain, finding that his symptoms more closely approximated the criteria for this higher evaluation.

The veteran's appeal is remanded for further development, including obtaining medical records and arranging for VA examinations to assess the severity of his service-connected lumbosacral strain with degenerative disc disease. The RO should also consider all pertinent diagnostic codes under the VA Schedule for Rating Disabilities in 38 C.F.R. Part 4.