Sleep apnea Board decisions

The Board found that the veteran's service-connected lumbosacral strain and migraine headaches do not warrant increased ratings as they are currently evaluated.

The Board has granted a 20 percent disability rating for the veteran's lumbosacral strain with degenerative changes, effective from November 1, 1998.

The Board denied the veteran's claim for an effective date prior to November 25, 1991 for the award of disability compensation benefits for degenerative changes of the lumbar spine and lumbosacral strain. The appeal is now remanded due to incomplete records and need for a VA examination.

The veteran's appeal has been dismissed due to his death.

The Board denied the appellant's claims for an increased disability rating for lumbosacral strain and service connection for hypertension, finding that the schedular criteria for a higher rating were not met and that hypertension was not incurred in or aggravated by active duty for training.

The veteran's claim of service connection for a psychiatric disorder, including psychosis, has been reopened and is granted. The claim of entitlement to a compensable disability rating for hemorrhoids remains denied.

The Board found that the veteran's sleep apnea was not related to his service-connected deviated nasal septum and denied both claims. The veteran's deviated nasal septum disability is currently rated as noncompensably disabling.

The Board has granted an effective date of April 1988 for the veteran's service connection for retinitis pigmentosa, finding that a claim was made in April 1988 and resolving reasonable doubt in favor of the veteran.

The veteran is seeking an increased evaluation for his service-connected low back disability, which he argues includes degenerative disc problems. The RO needs to obtain updated medical records and schedule the veteran for a special VA orthopedic and neurological examination to determine the nature and severity of his disability.

The veteran's headaches are currently rated as 10%, and his cervical spine disability is rated at 10%. The lumbosacral strain with diffuse degenerative changes has been increased to 40% since May 4, 1998. However, the headaches have not met criteria for a higher rating prior to September 23, 2000.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine condition and migraine headaches, finding that the current evaluations of 20 percent were appropriate based on the severity of his symptoms and functional impairment.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected lumbosacral strain, finding that the evidence did not show he was unable to secure or follow a substantially gainful occupation.

The veteran's request for an increased evaluation of his service-connected lumbosacral strain was denied. The Board has ordered additional development, including a VA examination and review of the claims file to determine if new evidence supports reopening a previously denied claim for lumbar disc disease secondary to the service-connected condition.

The Board denied the veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral strain, finding that the disability is primarily manifested by pain and limited motion. The evidence did not support higher ratings based on more severe symptoms or limitations.

The veteran's lumbosacral spine and left ankle disabilities have been granted initial compensable evaluations.

The Board found that the veteran's retinitis pigmentosa existed prior to service and was not incurred or aggravated by military service. The VA examiner concluded that the condition preexisted service.

The Board denied reopening the claim of entitlement to service connection for retinitis pigmentosa, finding that no new and material evidence had been submitted.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 10 percent.

The Board has remanded the case for further development due to inconsistencies in medical opinions regarding the nature and etiology of the veteran's chronic right shoulder, thoracic spine, and lumbosacral spine disabilities. The RO must ensure all notification and development action required by VCAA is completed, including obtaining medical records from SSA and reviewing the claims file with a VA physician.

The veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need for additional development and consideration of new evidence.