Sleep apnea Board decisions

The Board has reopened the veteran's claim for service connection for a back disorder and granted it, finding that there is sufficient evidence to support the claim based on in-service injuries.

The Board has remanded the veteran's claims for service connection and rating determinations related to his hip disabilities due to incomplete evidence.

The veteran is seeking an increased rating for his service-connected lumbosacral disc disease, currently rated at 10 percent. The Board has remanded the case to allow for further development and consideration of the claim.

The Board has remanded the veteran's claims for increased ratings for lumbosacral strain and PTSD due to incomplete development of records, including Social Security Administration (SSA) records and VA examination reports. The RO is instructed to obtain these records and ensure compliance with all notification requirements under the Veterans Claims Assistance Act of 2000.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disorder is being remanded due to procedural issues and the need for further development, including obtaining treatment records from Dr. Oppy and scheduling a VA orthopedic examination.

The veteran withdrew his appeals for the issues of entitlement to service connection for sleep apnea, temporary total evaluation under the provisions of 38 C.F.R. § 4.29 due to hospitalization for a service-connected disability in April 1999, and temporary total rating under the provisions of 38 C.F.R. § 4.30 for a period of convalescence following hospitalization in April 1999.

The Board has dismissed the veteran's appeal on his claim for service connection for gastroesophageal reflux disease, including due to an undiagnosed illness. The initial compensable rating claim for a scar residual of a left lateral compartment fasciotomy is denied as the condition does not meet the criteria for a 10% rating under any applicable diagnostic codes.

The veteran's service-connected low back disability does not meet the criteria for vocational rehabilitation training as his employment is suitable to his service-connected disability and he has no significant impairment in employability.

The VA denied service connection for the cause of the veteran's death, concluding that his cardiovascular disorder was not related to his military service and did not contribute substantially or materially to his death.

The Board has remanded the case due to incomplete service records and other procedural issues. The veteran's claims for left ankle pain and sleep apnea are pending.

The Board has determined that the veteran's arthritis of the lumbosacral spine is related to his service-connected right foot disability, and thus grants service connection for this condition. The issue of entitlement to service connection for a right hip disability remains pending.

The Board has reopened the veteran's claim for service connection for a low back disability characterized as L5-S1 disc herniation and lumbosacral myositis, finding that new evidence received since the September 1999 denial relates to an unestablished fact necessary to substantiate the claim.

The Board has determined that the veteran's sleep apnea is aggravated by his service-connected sinusitis, and thus grants service connection for this condition on a secondary basis.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The veteran's claims for increased ratings and service connection have been denied. The case is pending further development.

The veteran's appeal is being remanded for further development of his medical records and examination reports.

The Board has denied the veteran's claims for service connection for depression, increased ratings for lumbosacral strain and heart murmur, and a total rating based on unemployability due to service-connected disability.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination. The appellant's claim for an increased rating for his service-connected lumbosacral strain with degenerative changes is being reconsidered, as are issues related to TDIU.

The veteran's service-connected migraine headaches have been characterized by frequent attacks occurring once a month, qualifying for a 30 percent disability rating. The initial 10 percent rating for lumbosacral strain with degenerative disc disease is maintained.

The veteran's initial and increased evaluations for cervical spine disability from noncompensable to 20 percent effective in June 2002, and lumbosacral spine disability from 10 to 20 percent effective in June 2002 have been granted.