Sleep apnea decisions — 2004

The Board denied service connection for fibromyalgia as secondary to PTSD, finding that the preponderance of evidence indicated the veteran does not have fibromyalgia caused or aggravated by PTSD.

The Board denied a higher rating for the veteran's lumbosacral strain, finding that his symptoms did not meet criteria for a higher than 40 percent rating.

The RO granted a 30 percent rating for right knee replacement effective October 1, 2004. The veteran's other claims were denied.

The Board has remanded the case for additional development and to obtain medical opinions regarding the appellant's service-connected disabilities.

The Board denied a rating in excess of 20 percent for the veteran's service-connected lumbosacral strain with degenerative joint disease, finding that the evidence did not support such an increase.

The veteran's claim for special monthly compensation based on need for regular aid and attendance or at the housebound rate is remanded due to incomplete medical records and a lack of VCAA notification.

The veteran's claim for an earlier effective date for a 10% evaluation of tinnitus has been granted, and the effective date is set at January 31, 2001.

The Board denied an initial rating in excess of 10 percent for the veteran's low back disability prior to September 28, 2000. The issue of a higher rating after that date is pending.

The Board has determined that the veteran's low back disability warrants a rating of 50 percent effective September 23, 2002.

The Board denied the veteran's appeal regarding the propriety of reducing his rating for lumbosacral spine arthritis to 20 percent, effective July 1, 2001. The claim for a current rating in excess of 20 percent for lumbosacral spine arthritis was also denied.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain with degenerative joint and disc disease is being remanded due to the need for additional medical examination, consideration of new regulations, and further development.

The veteran's appeal is being remanded for additional development of his gastrointestinal symptoms and their relationship to his service-connected peptic ulcer disease.

The veteran's appeal is being remanded due to the need for a statement of the case on claims related to PTSD and peripheral neuropathy, as well as clarification regarding his preference for hearing type.

The veteran's maxillary sinusitis with postoperative chondrosarcoma on the right was granted an initial evaluation of 50 percent, effective September 2, 2001.

The Board has found that additional development of evidence is required, including obtaining Social Security Administration records and service hospitalization records. The appeal will be remanded to the RO/AMC for further action.

The Board found that the veteran does not have cervical syringomyelia, lumbosacral strain, or scoliosis related to his active service. The veteran's only compensable service-connected disability is residuals of frostbite of the left 2nd and 4th fingertips, which do not meet the criteria for a total rating based on individual unemployability.

The Board has remanded the case due to incomplete records and unavailability of certain medical records. The veteran's claim for service connection for an eye disability as a result of ionizing radiation exposure is pending.

The Board has determined that the veteran's sleep apnea is related to his service-connected deviated nasal septum and/or sinusitis, granting service connection for this condition.

The veteran's service-connected low back injury and right sciatic nerve disorder were denied increased ratings.,A separate 20 percent rating was granted for the right sciatic nerve disorder effective from September 23, 2002.

The veteran's claim for an increased rating for his service-connected DDD of the lumbosacral spine was granted. He also received a 100% SMC effective June 30, 2000, for LOU of both feet secondary to his service-connected disability.