Sleep apnea decisions — 2005

The Board granted a rating of 60 percent for lumbosacral strain with arthritis, spinal stenosis and radiculopathy effective October 23, 1996.

The VA determined that the veteran's service-connected disabilities do not render him unemployable, as his inability to work is due to non-service connected psychological issues.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral degenerative disc disease and degenerative joint disease with radiculopathy, effective from March 27, 2000.

The Board denied a rating in excess of 40 percent for lumbosacral strain and denied an earlier effective date for the grant of a 40 percent evaluation.

The Board denied the veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative anterior lipping at L4 and L5, currently rated at 20 percent.

The Board has granted service connection for a skin condition (dermatitis with follicular rash and nodules) but denied service connection for breathing problems and foot fungus.

The VA denied the veteran's claims for increased ratings for his service-connected left hip strain, degenerative disc disease of the lumbosacral spine (formerly lumbosacral strain), and right patella tendon repair.

The Board denied the veteran's claims for service connection for residuals of a ganglion cyst of the left wrist, and for initial evaluations higher than 20 percent for lumbosacral strain with arthritis and noncompensable for dyshidrotic eczema of the hands.

The VA determined that the veteran's service-connected low back disability, characterized as lumbosacral strain, does not warrant a rating in excess of 10 percent.

The veteran's lumbosacral strain and degenerative disc disease of the lumbar spine are rated at 60 percent, effective September 23, 2002.

The Board denied the veteran's claims for service connection for arthritis of the feet and increased evaluations for bilateral pes planus and lumbosacral strain with osteoarthritis. The conditions are not presumed due to exposure, and there is no indication that they were incurred in or aggravated by service.

The veteran's initial evaluation for degenerative disc disease of the lumbosacral spine was granted at a 10 percent rating, effective from October 18, 2000. The case is now being remanded due to new evidence received after the initial decision.

The Board has determined that the veteran's diabetes mellitus and sleep apnea are proximately due to or the result of his service-connected left knee disability, granting service connection for these conditions.

The veteran's claims for increased disability ratings and special monthly compensation based on aid and attendance are being remanded due to the need for additional VCAA notice.

The veteran's case is being remanded for additional development, including obtaining medical records and scheduling an orthopedic examination to assess his current disability status of his lumbar spine.

The Board has granted service connection for a mood disorder secondary to the veteran's service-connected back disability. However, it denied an increased rating for his service-connected degenerative joint disease of the lumbosacral strain as there was no evidence showing that the condition had worsened beyond what is contemplated by the current 40 percent evaluation.

The Board has determined that the veteran's sleep apnea syndrome was not incurred or aggravated in active military service. The issues of damage to cornea and retina of the left eye, and right eye cataract are being remanded for further development.

The veteran's claim for an increased evaluation for residuals of a fracture of T-12 was granted, with the effective date set at March 21, 2000. Effective dates earlier than March 21, 2000 were also granted for service connection for osteoarthritic changes of lumbosacral spine and moderate right lower extremity weakness, as well as a TDIU.

The Board denied the veteran's claims for increased ratings for hammertoes of the right foot and lumbosacral strain, finding that the current ratings were appropriate under VA rating criteria.

The veteran's appeal is being remanded to the RO for a hearing before a Veterans Law Judge at the RO. The case will be returned to the Board after the hearing.