Sleep apnea decisions — 2005

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative joint disease, currently rated at 40 percent.

The veteran's claim for higher initial ratings for his low back disability and associated radiculopathy was denied by the RO, with a final rating of 40 percent assigned as of September 23, 2002.

The Board has denied the veteran's claim for service connection for a low back disability, finding that there is no evidence of an in-service injury or disease and noting that any current condition is not related to service.

The veteran's back disability, characterized by severe limitation of motion and some evidence of neurological involvement, warrants a 60 percent evaluation. The total disability rating for unemployability due to service-connected disabilities is also granted.

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.

Service connection is granted for post-traumatic arthritis of C3 and C4, but denied for degenerative disc disease of the lumbosacral spine. Service connection is also granted for arthritis of both knees, but hearing loss of the right ear remains denied.,The veteran's traumatic arthritis of the cervical spine is linked to an injury sustained while on active duty.

The Board granted service connection for lumbosacral strain with spinal stenosis and assigned a 60 percent evaluation, effective from July 16, 2001. The veteran's claim for increased ratings was denied.

The veteran withdrew his appeal on the claim of service connection for degenerative joint disease of the lumbosacral spine, secondary to service-connected right knee disability.

The VA determined that the veteran's lumbosacral strain disability does not warrant a rating higher than 20 percent, as his range of motion and symptoms do not meet criteria for more severe ratings.

The Board denied the veteran's claim to reopen his service connection for sleep apnea, finding that new and material evidence had not been presented.

The Board has remanded the case due to a failure to provide proper VCAA notice and for further development.

The veteran's claim for service connection for pharyngitis was denied.,Service connection for sleep apnea, secondary to service-connected sinusitis, was also denied.

The veteran's lumbosacral strain is currently rated at 40 percent, and his left knee arthritis has been granted service connection. The RO found that the veteran's current disability was not related to active service.

The veteran's service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is productive of persistent symptoms, including neuropathy, pain, muscle spasms, and little intermittent relief. The Board finds that a single 60 percent rating for the service-connected low back disability is warranted during the entire period covered by the appeal.

The Board has remanded the case for further development, including a VA examination and proper VCAA notice.

The Board has determined that the veteran does not have a visual disability related to his period of active duty service, and therefore, service connection for this condition is denied.

The Board denied the veteran's claims for service connection for hypertension and an increased evaluation for lumbosacral strain, finding no new and material evidence to reopen the hypertension claim. The lumbosacral strain claim was not addressed as it is a final decision.

The VA granted service connection for chronic lumbosacral strain and assigned a 20 percent rating, effective June 1999. The veteran's condition is currently rated as 20 percent disabling.

The Board has granted a 40 percent evaluation for the veteran's degenerative disc disease and osteoarthritis of the lumbosacral spine, which is the maximum rating available under the old regulations. The new regulations do not change this determination.

The veteran's right femur disability was aggravated during service, and he is granted service connection for this condition. His degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees were also incurred in active service.