Sleep apnea Board decisions

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain and granted it. The issue of entitlement to service connection for a thoracic spine condition is addressed in the REMAND section.

The veteran's low back disorder with secondary bilateral leg weakness is found to be related to an inservice injury and service connection is granted.

The veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain, including consideration on an extra-schedular basis, was remanded by the Board. The case is now back with the RO to consider whether referral of a possible extra-schedular rating assignment to the VA Compensation and Pension Service is warranted.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 and other procedural requirements.

The Board has found that new and material evidence has been submitted which is sufficient to reopen the claim of entitlement to service connection for a psychiatric disorder, to include as secondary to the service-connected lumbosacral strain. The veteran's claims for increased rating for lumbosacral strain are also addressed.

The veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board found that a rating in excess of 10 percent for gastritis is not warranted, and the claim for lumbosacral strain was denied as well.

The Board has determined that the veteran's left knee and lumbosacral spine disorders are not related to his service-connected right knee disability, and thus cannot be granted as secondary service connection.

The Board has ordered further development in the veteran's case, including requesting clarification from the veteran regarding medical records and scheduling a VA examination. The appeal is currently pending due to the need for additional evidence.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected lumbosacral injury with spondylosis of L5-S1.

The veteran's claim for a rating in excess of 20 percent for his low back disability is being remanded due to the need for additional development, including an examination to evaluate the severity of intervertebral disc syndrome under both old and new criteria.

The Board of Veterans' Appeals has determined that the veteran's degenerative arthritis of the lumbosacral spine had its onset during his second period of active service and is therefore granted service connection.

The veteran's claim for a rating in excess of 10 percent for his service-connected lumbosacral strain was denied as he failed to report for scheduled VA examinations without good cause.

The Board has granted service connection for bilateral hearing loss and found that the veteran's current hearing loss is related to noise exposure during his military service. The other claims are pending further development.

The Board has denied the veteran's claims for service connection for lumbosacral spine disorder, left knee degenerative joint disease, and right knee degenerative joint disease as secondary to his service-connected right ankle disability.

The veteran's claims for increased evaluations of lumbosacral strain and PTSD are being remanded due to the need for additional development.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, left ankle fracture residuals, and bronchitis. The evaluations were found to be appropriate based on the clinical findings.

The veteran's claim for increased ratings and service connection were denied. The RO granted a 40% rating for lumbosacral strain from February 10, 2000.

The Board has determined that the veteran's current cervical and lumbosacral spine disorders are related to his service, including a 1991 injury during service. Service connection for these conditions is granted.

The Board has granted the veteran's claim of service connection for degenerative joint disease of the lumbosacral spine. The issues of secondary service connection for a disability characterized by right leg pain and loss of use of the right foot, and a compensable rating for his service-connected lumbar strain will be remanded.