Sleep apnea decisions — 2001

The Board denied increased ratings for bilateral hearing loss, tinnitus, and gastroesophageal reflux (GERD), as well as service connection for heart disease, emphysema, anxiety and depression, arthritis of joints, and a total rating based on individual unemployability.

The Board granted a 10 percent rating for the veteran's service-connected chronic lumbosacral strain and assigned noncompensable ratings to his service-connected chronic sprain of the right hip and left hip.

The Board denied service connection for sinusitis, lumbosacral strain, and gastroenteritis.

The Board has remanded the case due to a significant change in the law and the need for additional development, including obtaining medical records and arranging for an examination of the veteran's low back disability.

The Board has dismissed the appeal for service connection of a heart murmur due to an inadequate substantive appeal. The veteran's herpes simplex virus of the chin is rated at 10 percent, and his lumbosacral compression fracture L4 with deformity L3-4 with moderate disc narrowing L5-S1 warrants a rating in excess of 10 percent.

The Board has granted service connection for tinnitus, finding that it is related to the veteran's exposure to loud noises during his active service. The claims of service connection for bilateral hearing loss and sleep apnea on a secondary basis are being remanded for additional development.

The Board has granted a 60 percent evaluation for the veteran's service-connected degenerative joint disease and herniated nucleus pulposus of the lumbosacral spine, finding that the symptoms meet the criteria for such an increased rating.

The veteran's claim for an increased disability rating for service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The case will be reviewed after these records are obtained.

The RO denied an increased rating for the veteran's service-connected post-traumatic lumbosacral strain and did not address his TDIU claim.

The Board has determined that the veteran's bronchitis and obstructive sleep apnea were not incurred in or aggravated by active service.

The veteran's sleep apnea was rated at 30 percent from October 1, 1994 to May 13, 1996 and increased to 50 percent effective October 7, 1996. The current rating of 50 percent is maintained.

The Board has determined that the veteran's obstructive sleep apnea with nasopharyngeal stenosis was incurred during active duty service and grants service connection for this condition.

The Board granted the veteran's claims for increased evaluations for his service-connected post-operative stenosing tenosynovitis of the left wrist and osteochondroma of the left distal radius, currently rated at 10 percent. The lumbosacral spine injury with degenerative disc disease and osteoarthritis is also granted a 20 percent evaluation.

The veteran is entitled to an effective date of January [redacted], 1998, for the payment of additional compensation for his spouse.

The Board has determined that the veteran's service-connected PTSD meets criteria for a 100% evaluation since July 1, 1997. However, prior to this date, the veteran did not meet the criteria for a schedular rating greater than 50 percent.

The Board found that the veteran's lumbosacral strain manifested severe limitation of motion from March 10, 1999 and granted a 20 percent disability evaluation for this period.

The Board has determined that new and material evidence sufficient to reopen the claim of service connection for recurrent lumbosacral strain has been received, and thus the veteran's claim is reopened.

The Board is remanding the case to determine if a noncompensable rating for the veteran's back disorder, which was aggravated by his service-connected bilateral knee disability, is appropriate. The RO must obtain all available medical records and schedule the veteran for an orthopedic examination to assess the current degree of disability over and above pre-existing conditions.

The Board has granted a 50 percent rating for the residuals of DFSP involving MG XIX and XX, effective from August 1992. The right flank scar is rated at 10 percent.

The veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for an initial evaluation in excess of 30 percent for bipolar disorder was also granted, with a 30 percent evaluation effective from February 1, 1993. Other claims were continued at their prior evaluations.