Sleep apnea decisions — 2005

The veteran's claims for increased ratings and effective dates were denied. The low back strain is rated at 20 percent, while the emphysema is rated at 10 percent.

The veteran's service-connected disabilities, including major depressive disorder and degenerative disc disease of the lumbosacral spine, are found to be sufficient for a total disability rating based on individual unemployability.

The Board found that the veteran's lumbosacral strain did not warrant a rating in excess of 40 percent on and after September 26, 2003. The disability was characterized by limitation of motion but no radiculopathy or sciatica.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's lumbosacral spine disability and cervical spine disability, including obtaining medical opinions and potentially obtaining treatment records.

The veteran is seeking service connection for osteoarthritis of the lumbosacral spine, which he contends was incurred or aggravated by service. The Board has ordered additional development due to outstanding SSA records.

The Board found that the veteran's claimed conditions were not incurred or aggravated by service and denied his claims.

The VA determined that the veteran's lumbosacral strain warrants a rating of 40 percent, effective since service connection has been in effect.

The Board granted the veteran's claims for evaluations in excess of 10 percent for lumbosacral strain and hypertension, with a 20 percent evaluation assigned for lumbosacral strain effective prior to September 26, 2003.

The Board granted an increased initial rating of 20 percent for the veteran's service-connected thoracic spine injury residuals and a non-compensable rating for his lumbosacral strain. The TDIU claim was also granted.

The VA determined that the veteran's service-connected low back disability, which includes post-operative residuals of a lumbosacral laminectomy and fusion, does not warrant an increased rating beyond 20 percent.

The Board denied the veteran's claim to reopen his service connection for lumbosacral strain as no new and material evidence was received.

The veteran's appeal is being remanded for further examination and development of his claims, including a new VA examination to assess the severity of his service-connected lumbar and cervical spine disabilities as well as his hypertension.

The Board denied the veteran's claim for an increased disability rating for lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating prior to September 26, 2003 and after that date.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's back injury is related to service.

The Board granted a combined rating of 50 percent for the veteran's lumbar spine disorder, comprised of 40 percent for lumbosacral strain with limitation of motion and 10 percent for sensory loss of the left lower extremity, effective from September 23, 2002.

The veteran's low back strain was initially evaluated at 10 percent prior to September 13, 2001. From that date, she is now rated at 40 percent for lumbosacral intervertebral degenerative disc disease.

The Board has determined that the initial evaluations for left knee sprain and lumbosacral degenerative joint disease are not higher than 10 percent, as there is no evidence of compensable limitation of motion or other disabling conditions.

The veteran's claim for an increased rating for lumbosacral degenerative disc and joint disease with history of radiculopathy is being remanded due to insufficient medical evidence regarding the impact of his service-connected disability versus the automobile accident.

The veteran's hearing loss disability is currently rated as noncompensable, and the claim for increased rating was denied. The lumbosacral strain disability remains at its current 20% evaluation.

The veteran's skin graft, left lateral arm, numbness musculocutaneous nerve distribution and lumbosacral strain have been rated at the maximum allowable under VA regulations. The Board found that a higher rating is not warranted for either condition.