Sleep apnea decisions — 2005

The Board has granted an initial evaluation of 20 percent for the service-connected lumbosacral disc disease with mechanical low back pain, effective September 1, 2000.

The VA denied an evaluation in excess of 20 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine, finding that his disability picture did not meet the criteria for a higher rating.

The Board has denied the veteran's claims for service connection for sleep apnea with cor pulmonale, polycythemia (claimed as secondary to sleep apnea), bilateral foot problems including pes planus and calcaneal spurs, and bilateral carpal tunnel syndrome. The reasons are that there is no evidence of current disabilities or a link between the claimed conditions and service.

The veteran's residuals of nondisplaced left wrist navicular fracture are granted as incurred during active service. The issues of bilateral hearing loss and lumbosacral strain are remanded for further development.

The Board has remanded the case due to the need to obtain the veteran's service medical records and determine if new and material evidence has been presented to reopen her claim for service connection for lumbosacral strain.

The VA denied the veteran's claim for a higher disability rating for his lumbosacral strain, finding that his condition warranted only a 10 percent rating.

The veteran's obstructive sleep apnea was incurred during service, and the Board has granted service connection for this condition.

The Board denied the veteran's claims for service connection for a low back disorder including arthritis of the lumbosacral spine, generalized arthritis, and bilateral knee disabilities. The claim for hypertension was also denied.

The Board has denied the veteran's claim for an initial evaluation in excess of 20 percent for lumbosacral strain, finding that his disability picture is not more than moderately disabling.

The Board has remanded the case for additional development and to schedule a travel board hearing.

The veteran's claims for service connection for bilateral leg, left ankle, and lumbosacral spine disabilities have been denied as these conditions are not related to his active duty service.

The veteran's claims for increased ratings and initial disability ratings have been denied. The left ankle injury with traumatic arthritis remains at a 10% rating, while the right shoulder strain is rated at 10%. Other conditions remain at their current assigned ratings.

Service connection was granted for lumbosacral arthritis based on the veteran's status as a former POW, with an effective date of October 21, 1998.,Service connection was granted for ischemic heart disease as a residual of beriberi based on the veteran's status as a former POW, with an effective date of January 12, 1998.

The Board has determined that the veteran's mild obstructive sleep apnea is due to his service-connected maxillary sinusitis and grants service connection for this condition.

The veteran is entitled to a compensable rating of no more than 20 percent for his service-connected low back disorder, with approximately 50 percent of the impairment attributed to the service-connected disability and the other 50 percent due to post-service injury.

The Board denied the veteran's claims for increased ratings for lumbosacral strain, finding that his symptoms did not warrant a rating higher than 10 percent.

The Board has granted service connection for lumbosacral strain and denied service connection for post-traumatic neurosis/conversion hysteria, chronic depression, and anxiety disorder.

The veteran's degenerative disc disease of the lumbosacral spine is manifested by pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, characteristic pain, and demonstrable muscle spasm. The Board has determined that a disability rating of 60 percent, but no more, for this condition is warranted.

The veteran's combined rating of 70 percent for his service-connected disabilities was revised to 90 percent due to CUE in the February 10, 1949 rating decision. The effective date for a total disability rating based on individual unemployability is set at December 6, 2002.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by service, and denied his claim for service connection.