Sleep apnea decisions — 2005

The Board has determined that the proper effective date for an award of a total rating by reason of individual unemployability due to service connected disabilities is January 22, 1992.

The veteran's service-connected lumbosacral spine disability with foot drop is rated at 60 percent, effective December 5, 1994. The RO granted the requested increased rating.

The Board has determined that the veteran's latent porphyria existed prior to service and was not aggravated by active service.,Regarding the lumbosacral spine disorder, the evidence does not show it was incurred or aggravated in service.

The veteran's claim for increased ratings for his service-connected lumbosacral spine disability was granted, with separate evaluations of 40 percent and 20 percent assigned for orthopedic and neurologic manifestations respectively from September 23, 2002.

The veteran's claim for an increased rating for his service-connected low back disability was denied, as the current evaluation of 40% is considered appropriate under the applicable criteria. His claim for a total disability rating based on individual unemployability due to service-connected disability was also denied.

The veteran's lumbosacral strain is currently rated at 40 percent, the maximum schedular rating available under Diagnostic Code 5292. The Board finds that this rating adequately reflects his symptoms and disability picture.

The veteran's estranged spouse is seeking an increased monthly apportionment of the veteran's disability compensation benefits. The RO awarded a special apportionment of $250 per month to the veteran's spouse, but additional development and consideration are needed due to procedural issues.

The veteran's intervertebral disc syndrome is manifested by slight to moderate limitation of motion without functional loss, and does not meet the criteria for a rating in excess of 20 percent.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected disabilities and determine if they are related to service.

The Board has found that the veteran's appeal is REMANDED to the RO for additional development, including obtaining SSA disability benefits records and ensuring VCAA notification requirements are met.

The Board has determined that the veteran's degenerative joint disease of the cervical spine and lumbosacral spine are causally related to combat injuries suffered during his service in Vietnam.

The veteran's lumbosacral fibromyositis with bilateral L5-S1 radiculopathy is rated at 60 percent, the highest available schedular evaluation. The right knee arthritis warrants a separate 10 percent rating.

The Board has granted a 40% disability rating for the veteran's service-connected lumbar spine strain, effective from an unspecified date. The claim of entitlement to increased ratings for dermatitis and anxiety disorder remains pending.

The Board has determined that the veteran's low back disability, diagnosed as degenerative disc disease of the lumbosacral spine and osteoarthritis of the lumbosacral spine, is not related to active service.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his hearing loss, tinnitus, cervical spine disorders, and mental health conditions.

The Board has determined that a timely substantive appeal was not submitted for the denial of service connection for obstructive sleep apnea, and thus the appeal is dismissed.

The Board has remanded the case for additional development, including obtaining service personnel records and post-service medical records. The veteran's claims will be adjudicated again based on the new evidence.

The Board has reopened the veteran's claim for service connection of a back disorder and finds that new evidence supports a finding that his current low back disorder is related to his military service.

The Board denied the veteran's request to reopen his claim for service connection for bilateral retinitis pigmentosa, finding that no new and material evidence had been submitted.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for his arthritis of the lumbosacral spine, finding that the evidence did not support such an increase.