Sleep apnea decisions — 2004

The Board has determined that the veteran does not have arthritis of multiple joints as a result of service, and therefore denied his claim for service connection.

The Board has remanded the veteran's claims for increased ratings and service connection due to procedural issues, including a need for additional development.

The Board found that the veteran's lumbosacral strain does not warrant an evaluation in excess of 20 percent, as his range of motion was within normal limits and he did not have any severe impairment.

The Board has reopened the claim for service connection for a back disability. The issue of entitlement to service connection for a stomach disability remains denied.

The veteran's lumbosacral strain is rated at 30 percent, and his combined rating for service-connected disabilities does not meet the criteria for TDIU.

The veteran's low back disability, characterized by lumbosacral strain and radiculopathy of the left lower extremity, is currently rated at 40 percent. The rating has been granted.

The Board has granted service connection for post-traumatic degenerative disc disease with spondylosis of the lumbosacral spine effective March 22, 1994. The veteran's claim was initially denied in May 1990 and affirmed by the Board in November 1991. Service connection was granted based on new evidence submitted after a final denial.

The Board denied the veteran's claim for an effective date prior to April 2, 2001 for the grant of a total rating for compensation based upon individual unemployability due to lack of evidence showing he became unemployable within one year of that date and because his service-connected disabilities did not meet the schedular criteria for such a rating.

The Board has granted service connection for a back disability, effective September 26, 1988.

The Board denied the veteran's claims for service connection for diabetes mellitus and sleep apnea, finding no evidence linking these conditions to his military service.

The Board denied the veteran's claims for increased evaluation for lumbosacral strain, service connection for bilateral lower extremity Dupuytren's nodules (claimed as nodules in feet), and service connection for bilateral upper extremity Dupuytren's nodules (claimed as nodules in hands). The claim of service connection for bilateral hip pain was not reopened due to lack of new and material evidence.

The veteran's claims for increased evaluations of his service-connected disabilities were denied. The RO found that the evidence did not show an increase in symptomatology warranting a higher evaluation.

The Board found that the veteran's myxosarcoma of the right arm was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in or aggravated by active service. The evidence did not show radiation exposure during service and no other link between the condition and service.

The May 1990 rating decision granted a 20% evaluation for the veteran's service-connected lumbosacral strain with degenerative narrowing, L5-S1. The veteran argues that this decision was clearly and unmistakably erroneous as his symptoms more closely approximated a 40% evaluation.

The Board has granted service connection and assigned initial ratings for the veteran's bipolar disorder, migraine and tension headaches, and lumbosacral strain. The initial rating of 50% for bipolar disorder is maintained.

The Board denied the reopening of the claim for service connection due to lack of new and material evidence, but remanded issues related to benefits under 38 U.S.C.A. ¶ 1151 for visual disorder and residuals of a neck injury.

The veteran's combined service-connected disabilities, which include multiple knee and hip injuries along with arthritis and anxiety/depression, render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.

The veteran's lumbosacral strain with disc space narrowing was initially rated at 20 percent prior to September 23, 2002. From that date, the rating was increased to 50 percent.

The Board has decided the veteran's claim for headaches and is remanding the issue of lumbosacral strain evaluation due to lack of recent VA examination.

The Board has determined that the veteran's low back disorder is service-connected, as it began during his military service. The gastrointestinal issues are also found to be related to service due to medication use for other service-connected conditions.