Sleep apnea Board decisions

The Board denied the veteran's claim for a permanent and total disability evaluation for pension purposes in February 1998. The RO reopened his claim on July 21, 1998, and assigned that date as the effective date of his award.

The Board has granted the veteran's claims for service connection for right knee degenerative changes and lumbosacral strain syndrome, both secondary to his service-connected left medial meniscectomy with traumatic arthritis.

The Board has granted a 20 percent rating for the veteran's left knee disability, effective from September 1, 1997. The claim for increased rating of lumbosacral strain is pending and will be addressed in the REMAND portion.

The Board finds that the RO's decision to increase the veteran's rating for lumbosacral strain from 10 percent to 40 percent, effective April 20, 2001, is not the highest possible rating available under the rating schedule. The appeal continues.

The Board has determined that the veteran's spine disabilities were 10 percent disabling more than a year prior to July 27, 1994. Therefore, effective dates of July 27, 1994 are granted for the initial evaluations.

The Board denied the veteran's claims for service connection for PTSD and an increased rating for his chronic lumbosacral muscle spasm, both of which were currently rated at 20 percent.

The Board has denied the veteran's claims for service connection for post-traumatic stress disorder and degenerative disk disease of the lumbosacral spine, as well as his claim for an increased rating for lumbosacral strain. The issues are currently pending due to procedural errors.

The Board denied an increased evaluation for the veteran's service-connected sleep apnea with asthma, currently rated at 50 percent.

The Board has reopened the veteran's claim of service connection for a psychiatric disorder, including PTSD. The case is remanded to allow further development regarding verification of stressor events and examination by a psychiatrist.

The Board has granted service connection for cervical strain and a back condition, and has awarded a 10 percent rating for headaches. The veteran's claims are based on direct evidence of his conditions rather than any presumption or secondary relationship to service.

The Board has determined that the veteran's left hip injury, back strain, and acquired mental disorder are related to her active service. The conditions were found to be directly related without any presumption or secondary connection.

The Board denied the veteran's claims for basic eligibility for educational assistance benefits under Chapter 30 and an extension of the delimiting date for educational assistance benefits under Chapter 1606, finding that she did not meet the criteria for these benefits.

The Board is considering whether new and material evidence has been received to reopen the veteran's previously denied claim for service connection for degenerative arthritis of the lumbosacral spine. If such evidence is found, it will determine if the claim should be granted based on the merits or not.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for obtaining treatment records from Dr. Henry Hall and scheduling an orthopedic examination.

The Board denied the veteran's claims for service connection for sleep apnea and an increased evaluation for cervical spine disability. The veteran is not entitled to these benefits.

The veteran is seeking an increased disability rating for his service-connected lumbar paravertebral myositis with degenerative joint disease. The RO has previously assigned a 40 percent disability rating, but the veteran disagrees and wishes to have this decision reviewed under the revised criteria effective September 26, 2003.

The Board has ordered further development due to pending issues and will remand the case for additional examination and consideration.

The veteran's appeal is being remanded due to the need for a new VA examination and notification of changes in spine evaluation criteria. The issue remains about entitlement to an increased rating for lumbosacral strain.

The veteran's claims for increased ratings and service connection were denied. The Board found no evidence of current right or left ankle disability, and the preponderance of the competent medical evidence was against a finding that his bilateral knee disorder and polyarthralgias with autoimmune inflammatory disease and probable early ankylosing spondylitis are causally related to active service.

The Board has ordered further development due to pending requests for additional evidence. The case will be returned to the RO for obtaining outpatient treatment records and chiropractor's records, and then reviewed again.