Sleep apnea decisions — 2001

The veteran's claim for an increased rating and extraschedular evaluation for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and clarifying the type of Board hearing he desires.

The veteran's claim for a higher rating for his lumbosacral strain with degenerative changes was granted, but he is still seeking a rating higher than 20 percent.

The veteran's service-connected lumbosacral strain with traumatic degenerative changes is rated at 40 percent, and the Board has granted a higher rating of 60 percent based on the severity of her condition.

The Board has remanded the case for further development to determine if any diagnosed disc disease and/or wedging compression fractures at T12 and L1 are part of the veteran's service-connected lumbosacral spine disability, and whether his subjective complaints of numbness and 'pins and needles' sensation are attributable to his service-connected degenerative arthritis, lumbosacral spine.

The Board has remanded the case for additional development due to changes in the law and incomplete information.

The Board has granted service connection for multiple joint arthritis due to Reiter's disease and assigned a 10 percent disability rating. The veteran's claim for increased ratings for osteoarthritis of the lumbosacral spine and conjunctivitis was also granted.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain, effective from the date of this decision. The combined rating of all disabilities is now at least 70 percent, which meets the criteria for a permanent and total disability rating for pension purposes.

The Board has determined that the veteran's sleep apnea is aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea as secondary to PTSD.

The veteran's claim for an increased evaluation of lumbosacral strain was denied as a matter of law due to her failure to report for scheduled VA examinations without good cause.

The Board denied an increased evaluation for spondylolisthesis of the lumbosacral spine, currently rated at 20 percent.

The veteran's claim for an increased evaluation and compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability of his lumbosacral spine was denied as service connection has already been established.

The Board denied the veteran's claim for service connection for retinitis pigmentosa, finding that it was not incurred in or aggravated by service and could not be presumed to have been due to exposure to mustard gas during service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the severity of the veteran's lumbosacral sprain and to provide an opinion on the etiology of any cervical spine disorder found.

The Board has granted service connection for psoriatic arthritis of the lumbar spine, hands, and feet. The veteran's skin disability is rated at 30 percent disabling, while his joint disabilities are rated as follows: 40 percent for psoriatic arthritis of the lumbar spine, 10 percent each for psoriatic arthritis of the right hand, left hand, right foot, and left foot. He also has a separate rating of 10 percent for postoperative neuralgia of the ilioinguinal nerve with chronic groin pain. The combined rating is 80 percent. The veteran's service-connected disabilities render him unable to obtain and maintain any form of substantially gainful employment consistent with his education and industrial background, thus meeting the criteria for a total disability rating based on unemployability due to service-connected disabilities.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 20 percent evaluation, which is higher than what he was previously granted. The disability currently manifests as pain, some limitation of motion, narrowing of disc space at L-5/S-1 on X-ray, and osteophyte formation.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The Board has granted service connection for right heel spur disability and low back disability, finding that both conditions began during the veteran's active service.

The Board denied the veteran's claims of service connection for lumbosacral strain and liver damage due to substance abuse, finding that there was no credible evidence supporting these claims.

The Board denied the appellant's claims of service connection for sleep apnea and heart disorder, finding that there was no evidence linking these conditions to his military service or any other relevant factor.

The Board denied increased ratings for the veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1 and arachnoiditis, except for a separate rating for arachnoiditis.