Sleep apnea decisions — 2005

The veteran's chronic lumbosacral strain with degenerative disc disease and radiculopathy has been rated at 40 percent since November 1978, based on severe limitation of motion and mild neurological deficit.

The VA has determined that the veteran's lumbosacral strain with degenerative joint disease does not meet or approximate the criteria for a higher disability rating than 40 percent.

The veteran's lumbosacral strain with status post L5-S1 laminectomy with fusion is currently rated at 40 percent, which is the maximum rating available under current criteria. The RO found that his condition does not warrant a higher rating based on severe limitation of lumbar spine motion without evidence of pronounced intervertebral disc syndrome or incapacitating episodes.

The Board denied an increased rating for lumbosacral strain and did not reach the other issues as they are not about service connection.

The Board has determined that the effective date for a 60 percent rating for lumbosacral strain and degenerative disc disease, L5-S1 cannot be earlier than July 14, 2000.

The veteran withdrew his appeals concerning all issues on appeal, including increased ratings for service-connected traumatic arthritis of the lumbosacral spine, left hip, right knee, and left knee with fracture of the femur.

The veteran's claims for increased evaluations of his lumbosacral strain, right elbow disorder, and Labrynthitis have been granted by the RO. The effective date is August 19, 1999.

The veteran's low back disability, including radiculopathy in the right lower extremity, is rated at 40 percent effective September 26, 2003. The issue of increased rating for residuals of kidney stones remains unresolved.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain is being remanded due to the need for further development, including a VA examination and additional medical records.

The Board denied the veteran's claims for increased ratings for hiatal hernia and lumbosacral strain, as well as his claim for service connection for cardiovascular disease. The decision also addressed Section 1151 benefits for thrombophlebitis and cellulitis of the left forearm and retroperitoneal bleeding of the psoas muscle, and temporary total ratings under 38 C.F.R. § 4.29 and 38 C.F.R. § 4.30.

The veteran's type II diabetes mellitus is presumed to have been incurred as a result of herbicide exposure during service in the Republic of Vietnam. His obstructive sleep apnea, gastroesophageal reflux disease, and dental problems are not shown to be related to service.

The Board found that the veteran's sleep apnea was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by a service-connected disability. The claim for an increased rating for degenerative disc disease, bulging disc at L4-5, also failed as the criteria for a higher rating were not met.

The Board denied an increased rating for the veteran's chronic lumbosacral strain, finding that his disability did not meet or approximate criteria warranting a higher evaluation.

The Board has determined that the criteria for a 20 percent rating have been met as of August 28, 2001. Therefore, the veteran is entitled to an increased rating for his service-connected lumbosacral strain.

The Board has reopened the claim for service connection for a heart murmur but denied all other claims, including secondary service connection for arthritis of the hip and compensation under 38 U.S.C.A. § 1151.

The veteran's initial disability evaluation for lateral recess stenosis of the lumbosacral spine with degenerative joint disease and degenerative disc disease was denied, as his condition did not meet the criteria for a higher rating.

The Board has reopened the appellant's claims of service connection for bipolar disorder, sleep apnea, fractures and degenerative changes of the hips, knees, feet and arms, and fractures and degenerative changes of the cervical, thoracic and lumbar spine and a venous insufficiency. The claims were previously denied in July 1993 but reopened due to new evidence submitted by the appellant.

The veteran's chronic low back strain is found to be related to service, while other low back disabilities are not shown to have originated in-service.

The veteran's lumbosacral strain with spasms, disc protrusion at L5-S1, and mild degenerative disc disease was granted a 40 percent evaluation effective April 26, 1993. The right patellar fracture residuals were initially evaluated as 20 percent disabling from April 14, 1998.

The Board found that the veteran's degenerative changes (arthritis) of the lumbosacral spine and arthritis of major joints, to include knees, shoulders, and wrists, were not incurred as a result of an incident of active service nor as a result of a service-connected disability.