Sleep apnea decisions — 2005

The veteran's claims for increased evaluations for his lumbosacral and cervical spine disabilities are being remanded due to the need for additional medical records and examination.

The Board has determined that the veteran does not have current sinusitis, right shoulder disability, or right knee disability. The residuals of a left fifth metatarsal fracture and lumbosacral strain are resolved with surgeries and no current disabilities are noted.

The Board denied the veteran's claims of service connection for sleep apnea and an initial increased rating for his major depressive disorder. The Board found that there was no evidence linking the veteran's current conditions to his active military duty.

The veteran's service-connected disabilities have resulted in loss of use of both lower extremities, requiring specially adapted housing.

The veteran's lumbosacral strain with coccyodynia was granted a 20 percent rating effective January 16, 1996. The right ankle disability was also granted a 10 percent rating from the same date.

The veteran's fibromyositis of the lumbosacral paravertebral muscles with limitation of forward bending is currently rated at 40 percent, which is the maximum rating available under current VA regulations.

The Board has reopened the claim for service connection for degenerative joint disease of the dorsal and lumbosacral spine due to new evidence. However, service connection is not granted as there is no direct or secondary link between these conditions and service.

The Board denied the veteran's claim for an evaluation in excess of 60 percent for his service-connected low back condition, finding that the evidence did not meet the criteria for a higher rating.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of qualifying disability.

The veteran's lumbosacral strain with degenerative disc disease is currently manifested by pain on motion, but not incapacitating episodes or objective evidence of nearly constant neurological signs and symptoms. The disability does not meet the criteria for a higher rating under any applicable diagnostic code.

The veteran's lumbosacral spine disability, characterized by severe limitation of motion with osteoarthritic changes, is currently rated at 30 percent. The Board finds that the current rating adequately reflects his disability level.

The veteran's service records do not show any complaints, findings or treatment associated with swelling of the hands and feet, joint pain to include burning in the feet, or a sleep disorder. The VA has diagnosed a current right big toe disorder but does not link it to service.,Service medical records indicate that the veteran experienced decreased sensation in his right big toe during service. However, there is no evidence linking this condition to any current symptoms of joint pain and swelling.

The Board has determined that the veteran's claims for service connection for lumbosacral strain, thoracic spine strain, and right knee injury have been denied as new and material evidence was not received to reopen these claims.

The veteran's claim for a higher initial evaluation for lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including a VA examination and consideration of revised rating criteria.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, right knee chondromalacia, left knee chondromalacia, and bilateral hearing loss.

The Board has reopened the veteran's claim for service connection for a low back disability, as secondary to his service-connected bilateral knee osteoarthritis. The evidence shows that he currently suffers from lumbosacral neuritis and that this condition is proximately due to his service-connected bilateral knee osteoarthritis.

The veteran is seeking an increased evaluation for his service-connected degenerative disc disease of the lumbosacral spine. The RO has ordered further VA examinations to assess the severity and extent of this disability, as well as any neurological impairment associated with it.

The Board denied the veteran's claim for an increased disability rating for his service-connected lumbosacral strain, finding that the evidence did not support a higher evaluation than the current 20 percent.

The VA has increased the initial rating for the veteran's service-connected thoracolumbar spine disability from 20% to 40%, effective January 22, 2003.

The Board has granted a 10 percent rating for hypertension, hepatitis, hiatal hernia, and onychomycosis of the left great toe. The claim for service connection for lumbosacral spine strain was reopened based on new evidence showing current disability.