Sleep apnea decisions — 2005

The veteran's claim for an earlier effective date for service connection of PTSD was granted, with the effective date set at October 29, 1999. The rating for lumbosacral strain remains unchanged.

The veteran's claim for an increased evaluation of his service-connected low back disorder is being remanded due to the need for a more current VA examination.

The veteran's claim for increased ratings for lumbosacral strain is being remanded to the RO for further development, including a VA examination.

The Board has determined that additional procedural and evidentiary development is required, including obtaining National Guard service records and VA treatment records for dysthymic disorder and lumbosacral strain. The veteran's claim will be remanded to the AMC for further action.

The Board has determined that the veteran submitted an informal claim for a total disability rating based on individual unemployability due to service-connected disability on February 2, 1983. The appeal is now remanded for further adjudication.

The Board has granted a 60 percent evaluation for lumbosacral strain with degenerative joint disease and sacralization of L5, effective from June 2000. The facial scars are rated as 10 percent disabling, effective from June 2000. A separate 10 percent evaluation is granted for the veteran's facial scar based on tenderness under Diagnostic Code 7804. The reduction in the rating of post-concussive headaches to noncompensable was found to be improper and void ab initio.

The Board finds that the veteran's service-connected disabilities do not render him unemployable, and thus denies his claim for TDIU.

The veteran's appeals for evaluations of hypertension, degenerative joint disease of the left hip, chronic lumbosacral strain, vertigo, and tinnitus were dismissed as he withdrew his appeal on these issues prior to a decision being made.

The veteran's claim for service connection for sleep apnea, including as due to exposure to Agent Orange, and his request for an increased rating for tinnitus are being remanded for further development.

The Board denied the veteran's claims for increased disability ratings for his lumbosacral strain, finding that the evidence did not support a higher rating prior to September 26, 2003 and since then.

The VA denied the veteran's claim for an increased rating for her service-connected lumbosacral strain, currently evaluated at 20 percent. The RO found that there was no evidence of intervertebral disc syndrome or other manifestations warranting a higher evaluation.

The Board has granted service connection for a back disorder, right knee disorder, and left knee disorder. The evidence supports the finding of chronic disorders in service.

The Board granted an initial 60 percent rating for herniated disc disease with spinal stenosis and discospondylosis of the lumbosacral spine, effective from January 12, 1995.

The VA denied the veteran's claim for an increased evaluation of his lumbosacral strain, currently rated at 40 percent. The evidence did not meet the criteria for a higher rating.

The Board granted the veteran's claim and assigned July 13, 1985 as the effective date for the award of service connection for a low back disorder. The initial disability rating was increased to 20 percent from July 13, 1985, to January 27, 1994.

The Board has denied all three issues related to service connection due to a lack of evidence showing an in-service injury or disease and no current disability.

The veteran's claim for a rating in excess of 10 percent for his lumbosacral strain from August 13, 2002 to September 25, 2003 was denied as there was no showing of muscle spasm on extreme forward bending or unilateral loss of lateral spine motion. The veteran's claim for a rating in excess of 20 percent for his lumbosacral strain from September 26, 2003 is pending and will be addressed after additional evidence is obtained.

The veteran's service-connected postoperative residuals of perirectal abscess and lumbosacral spine injury have been rated at the maximum schedular evaluation (40 percent) under Diagnostic Code 5292, effective from July 1997. The TDIU claim has also been granted.

The Board has determined that the veteran's current low back disability is related to his active duty service, specifically to the back complaints noted during active duty service. Therefore, service connection for degenerative joint disease of the lumbosacral spine with degenerative disc disease is granted.

The Board granted the veteran's claim, assigning an initial evaluation of 20 percent for his service-connected lumbosacral injury with spondylosis of L5-S1 effective September 26, 2003.