Sleep apnea decisions — 2005

The Board has denied the veteran's claims for service connection for Degenerative Disc Disease with Fusion of the Lumbosacral Spine, arthritis, and an eye disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated during active duty.

The veteran's lumbosacral strain is currently rated at 10 percent, and his PTSD has been granted a 100 percent rating effective January 11, 1989.

The veteran's service-connected low back disability, which includes lumbosacral strain with degenerative joint disease and degenerative disc disease, is currently rated at 20 percent. The condition is manifested by limited thoracolumbar motion (but with forward flexion greater than 30 degrees), muscle spasm on motion, and chronic pain with increased pain and fatigability on use.

The Board granted service connection for hypertension, right otitis media, and bilateral eustachian tube dysfunction. The claim for increased evaluation of lumbosacral disc disease at L4-L5 was denied as the findings did not meet criteria for a higher rating. The claim for an increased evaluation of reflux esophagitis, to include hiatal hernia, was granted with a 10 percent disability rating.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected back disability, finding that he is not unemployable.

The veteran's service-connected disabilities, including diabetes mellitus and lumbosacral strain with degenerative disk disease, L5-S1, have been rated appropriately. The TDIU claim has also been granted.

The Board has determined that the veteran's low back disability, which is a combination of degenerative joint and disc disease with bilateral radiculopathy, warrants a schedular rating of 60 percent based on intervertebral disc syndrome criteria effective as of March 1991. The maximum schedular rating available for this condition was granted.

The Board denied the veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain, finding that it did not meet the criteria for a higher evaluation.

The Board denied a higher disability rating for the veteran's degenerative disc disease of the lumbosacral spine, finding that the evidence did not meet the criteria for a rating in excess of 20 percent.

The Board found no evidence to support the veteran's claims for service connection for an acquired psychiatric disorder, including bipolar disorder, and a lumbosacral strain. The veteran's mental health issues are believed to have begun in childhood, while his physical back condition is attributed to a motor vehicle accident.

The Board denied the veteran's claims for increased evaluations of his service-connected hypertension, right knee instability, right knee degenerative joint disease, peeling feet (dermatophytosis, tinea unguium, and tinea pedis), and lumbosacral strain.

The Board denied the veteran's claims for service connection for tinea pedis, sleep apnea, GERD, and sinusitis, finding that these conditions were not incurred in or related to his military service.

The veteran's claim for an initial rating higher than 40 percent for spondylolisthesis of the lumbosacral spine with degenerative disc disease and arthritis is being remanded due to new evidence received after the most recent supplemental statement of the case.

The Board denied the veteran's claims for service connection for arthritis affecting his cervical and lumbosacral spines, knees, and ankles as secondary to his service-connected burn scars. The veteran was also denied increased ratings for his third degree burn scars of the posterior left lower extremity, right lower extremity, and chest/back area.

The veteran has withdrawn his appeal, and the Board does not have jurisdiction to review it.

The Board has denied the veteran's claim of entitlement to service connection for lumbosacral strain due to a lack of current diagnosis and no evidence linking her current disability to an in-service injury or disease.

The Board of Veterans' Appeals (BVA) has remanded the case to the RO for additional examination and development, including obtaining VA medical records and arranging for a neurological and orthopedic examination. The BVA is seeking further information from the veteran regarding his service-connected back disability.

The veteran's service-connected bilateral pes planus is not currently manifested by painful motion, edema, disturbed circulation, weakness, atrophy, tenderness, or other deformity. The evidence does not show a current diagnosis of a low back disorder, to include lumbosacral strain. Service connection for the veteran's claimed conditions was denied as there is no indication that these disabilities are related to his military service.

The veteran's lumbar spine disability was granted an increased rating of 40 percent effective January 20, 2005.,A separate compensable rating for a tender painful lumbar surgical scar was also granted.

The Board has determined that the veteran's claims for service connection for stomach ulcers and a back disorder are denied as new and material evidence was not submitted to reopen these claims, and the current diagnoses do not meet the criteria for service connection.