Sleep apnea decisions — 2005

The Board has granted a rating of 40 percent for the service-connected lumbosacral strain, which is more than the current 20 percent rating. The criteria for this increased rating include severe functional limitation due to pain.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 20 percent evaluation, effective from June 1, 1998.

The Board denied the veteran's claims for service connection and increased ratings for his fibromyalgia, cervical spine disability, lumbosacral spine disability, left ankle disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The veteran's claim for an increased evaluation for lumbosacral strain was denied as the evidence did not show more than moderate intervertebral disc syndrome or severe lumbosacral strain prior to September 23, 2002. The current range of motion findings do not meet the criteria for a higher rating.

The veteran's claims for higher initial ratings for lumbosacral strain and patellofemoral pain syndrome of the right knee were denied as her conditions did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board denied the veteran's claims for service connection due to lack of evidence of a claim prior to February 21, 2002. The effective date for the grant of service connection for residuals, right knee injury was set at February 21, 2002. Service connection for arthritis, left knee and degenerative disease, lumbosacral spine were denied as there is no evidence of a chronic condition in service or within the presumptive period. The claim for psychiatric disorder was also denied due to lack of evidence.

The veteran's appeal is being remanded to the RO for scheduling a travel board hearing. The issues of rating his low back pain, right knee condition, and left knee condition are pending.

The veteran's claim for service connection for PTSD with schizophrenia, memory deficit, insomnia and sleep apnea due to nerves, cervical dysplasia, and endometriosis is denied. The Board found no current disability related to hypothermia in service.

The veteran's claims for increased disability evaluations and TDIU are being remanded due to the need for additional development, including a new VA examination.

The VA determined that the veteran's current low back impairment, including lumbosacral strain, is not due to any incident or event in military service.

The Board denied the veteran's claims for an increased evaluation for his service-connected degenerative joint disease of the lumbosacral spine, with spinal stenosis and entitlement to a total rating for compensation purposes based on individual unemployability due to service-connected disability.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service and may not be presumed due to military service. The claim was denied as there is no medical evidence linking his current condition to his military service.

The Board granted a 40 percent evaluation for lumbosacral strain and found the appellant meets the schedular criteria for TDIU.

The veteran's recurrent lumbosacral strain with narrowing at L4-5 does not meet the criteria for a higher disability rating, as it has not resulted in intervertebral disc syndrome or incapacitating episodes of six weeks or more during the past year.

The Board has remanded the case for additional development, including obtaining service medical records and any relevant SSA records. The veteran's claim of service connection for a chronic low back disability is being reviewed.

The Board found that the veteran's service-connected lumbosacral strain, with residuals L4-5 bulging disc with discectomy and residual radiculopathy and severe spinal stenosis at L5-S1 has not presented such an exceptional or unusual disability picture as to render impractical the application of the Schedule for Rating Disabilities. Therefore, the claim for a higher evaluation was denied.

The Board has granted service connection for residuals of leiomyosarcoma of the stomach due to herbicide exposure. The effective dates for the grants of service connection for hypertension and coronary artery disease status post myocardial infarction are not established as they were not properly notified of the denial in February 19, 1993 rating decision.

The veteran's claims for increased ratings and service connection were denied.,For the period prior to August 30, 2002, his skin disorders did not meet criteria for a higher rating.

The veteran's sleep apnea was rated at 50% effective October 7, 2004. The rating has been in effect since this date.

The Board denied service connection for a back disorder, residuals of a rhinoplasty to correct sleep apnea, and left ear hearing loss. The veteran's current status regarding these conditions is not addressed in this decision.