Sleep apnea decisions — 2002

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.