Sleep apnea Board decisions

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

The Board has granted service connection for lumbosacral strain and found that the veteran's exposure to tuberculosis is not supported by evidence. The case will be returned to the RO for further development regarding the issue of tuberculosis.

The Board has granted service connection for the veteran's low back disability and cervical spine disorder, finding that these conditions are related to injuries sustained during active duty.

The veteran's service-connected degenerative disc disease of the lumbosacral spine, cervical spine, and thoracic spine have been granted initial disability ratings. However, his carpal tunnel syndrome of the right wrist remains at a noncompensable (zero percent) rating.

The veteran's service-connected disabilities do not render him incapable of providing for his own daily self-care or from protecting himself against the hazards and dangers of daily living without the assistance of another person. He is not a patient in a nursing home.

The Board has remanded the case for additional development to comply with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for service connection for a back disorder is being considered.

The veteran's appeal is granted, with a 100% disability rating for coronary artery disease from February 26, 2003. The evaluation of the veteran's service-connected coronary artery disease and chronic lumbosacral strain are remanded for further development.

The veteran is seeking service connection for obstructive sleep apnea, which he claims was caused by a nose injury sustained during his military service. The case has been remanded to obtain additional evidence and provide the veteran with appropriate notice under the VCAA.

The VA denied the veteran's claim for a higher rating for her skin disorder, finding that the disability did not meet criteria warranting an evaluation in excess of 30 percent.

The veteran's claim for an earlier effective date of November 27, 2003 for service connection of non-Hodgkin's lymphoma has been granted. The veteran previously served during the Vietnam era and was presumed exposed to herbicides.

The Board has remanded the veteran's claims due to failure of the RO to comply with a previous remand directive. The issues of increased ratings for lumbosacral strain, right knee meniscectomy, and traumatic arthritis are addressed in the remand section.

The veteran's case is being remanded due to his failure to report for scheduled VA examinations and the unascertainable address change. The issues include increased rating for lumbosacral strain, service connection for degenerative disc disease of the lumbosacral spine, and service connection for a psychiatric disorder.

The VA determined that the veteran's herniated disc with lumbosacral strain is currently rated at 40 percent, but does not meet the criteria for an evaluation in excess of this rating.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for degenerative changes of the lumbosacral spine, and it is granted.

The Board of Veterans' Appeals has denied the veteran's claims for increased ratings for lumbosacral strain with degenerative joint disease and degenerative disc disease, currently evaluated as 20 percent disabling, and psoriasis, currently evaluated as 10 percent disabling.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbosacral spine with right lower extremity radiculopathy warrants a 60 percent disability rating since September 23, 2002.

The Board has ordered further development in the veteran's case, including additional evidence collection. The appeal is currently pending and will be remanded for further action.

The veteran's claims for increased ratings were denied. The Board found that the current rating of 40 percent for the residuals of a stab wound to the left thigh with severe muscle loss, vasgius medialis of the left thigh, MG XIV, and post-operative fasciotomy is appropriate.

The Board found that the veteran's obstructive sleep apnea was incurred during his period of active service, based on medical evidence showing symptoms dating back to 1985.