Sleep apnea decisions — 2004

The veteran's appeal involves two issues: a request for an increased rating for bursitis of the right shoulder prior to August 22, 2003 and another for IVDS and degenerative arthritis of the lumbosacral spine as of that date. The decision is mixed, with some aspects granted and others not.

The Board has granted service connection for spondylosis of the lumbosacral spine and a compensable initial rating for residuals of a right fibula fracture. The claim for increased ratings for postoperative varicose veins is pending.

The veteran's service-connected lumbosacral strain is rated at 40 percent, the highest available rating under VA guidelines for this condition.

The Board has granted a 20 percent rating for the service-connected lumbosacral strain, effective from March 21, 2001.

The Board has determined that the veteran's claim for service connection for lumbosacral strain, claimed as secondary to his service-connected right leg fracture, requires additional development. This includes obtaining medical records from private providers and VA examinations.

The Board denied the veteran's request for an earlier effective date of September 22, 1997, for service connection of retinitis pigmentosa.

The veteran's service-connected disabilities have been granted and assigned initial ratings.

The Board has determined that the veteran's service-connected degenerative disc disease/degenerative joint disease, lumbosacral spine warrants a disability rating of 40 percent effective June 30, 2003.

The Board denied the veteran's claims for service connection for chest pain and breathing problems, as well as generalized joint pain, bursitis of the hips and left ischium, and shoulder laxity. The Board found no chronic disability manifested by these conditions on examination.

The veteran's claim for a higher evaluation of his lumbosacral strain is being remanded due to the need to review and apply the new rating criteria effective September 26, 2003.

The veteran's claim for service connection for a low back disorder, including lumbosacral strain, spasm, and post-laminectomy herniated disc is being remanded due to the need for an examination to determine if there is a relationship between his current condition and service.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board denied the veteran's claim for service connection for degenerative joint disease of the lumbosacral spine, finding no evidence linking the condition to his active duty service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess her back, right knee, and left ankle conditions.

The Board has determined that the veteran's low back disability, characterized by severe intervertebral disc disease with recurring attacks and intermittent relief, warrants a 40 percent rating.

The Board has denied the veteran's claim for service connection for retinitis pigmentosa on a direct basis and as secondary to his service-connected left ear hearing loss.

The Board denied the veteran's claims for a higher disability rating and an earlier effective date, finding that the January 1996 rating decision denying service connection was final and there was no clear and unmistakable error. The RO is instructed to review the claim under both old and new criteria for spine disabilities.

The Board has remanded the case for additional development, including a new VA examination and consideration of the revised general rating formula for diseases and injuries of the spine.

The Board has remanded the veteran's claims for higher ratings for his service-connected back, right knee, and left ankle disabilities due to incomplete examinations and new regulations.

The Board has determined that the veteran's thoracolumbosacral scoliosis and right knee strain are aggravated by service, warranting service connection.