Sleep apnea decisions — 2005

The Board has remanded the veteran's claims for increased ratings and TDIU due to incomplete development of the record, including failure to provide applicable rating criteria and a VA examination.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease warrants a rating of 20 percent prior to September 23, 2002 and 60 percent from September 23, 2002.

The Board has remanded the case for further development and evaluation of the veteran's claim for service connection for sleep apnea, including consideration of whether it is related to his service or a service-connected condition.

The Board has determined that the veteran's service-connected TMJ disorder does not warrant a rating in excess of 30 percent, as his inter-incisal range is within the 10 percent evaluation criteria. The low back disability claim was also remanded for further development.

The Board denied the veteran's request for an earlier effective date of August 3, 2000 for his TDIU rating due to lack of factual ascertainability prior to that date.

The Board has granted service connection for sleep apnea, finding that the veteran's symptoms noted during military service are linked to her current diagnosis and that her service-connected asthma aggravated this condition.

The Board has determined that the veteran's low back and bilateral leg conditions are not related to service, and thus denied his claims for service connection.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and consideration of his claims.

The veteran's claim for a higher rating for her service-connected degenerative disc disease and lumbosacral strain is being remanded due to the need for additional medical examination to assess current disability level.

The veteran has withdrawn her appeal regarding the increased ratings for lumbosacral spine strain and migraine headaches. The appeal is dismissed without prejudice.

The veteran's claims for increased ratings for residuals of shell fragment wounds of the right elbow and right iliac area have been granted, with a rating of 30 percent each. Service connection has also been established for bilateral hearing loss.

The Board denied service connection for headaches, joint pain, skin rashes, and fatigue as they were not found to be related to the veteran's military service.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine, right total hip replacement, flat feet, and lower extremity radiculopathy, render him unemployable due to constant pain and limited mobility. The Board finds that a total rating based on individual unemployability is warranted.

The Board denied the veteran's claim for an increased rating for lumbosacral strain with degenerative changes, finding that disability due to the service-connected back disability did not include pronounced intervertebral disc syndrome or incapacitating episodes of intervertebral disc syndrome requiring bed rest as prescribed by a physician.

The Board has denied the veteran's claims for service connection for ear infection, sinusitis, and sleep apnea as these conditions were not shown to be related to his military service.

The veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain is being remanded due to the development of quadriplegia, which makes a normal spine examination impracticable. The case will be readjudicated after obtaining a neurosurgical opinion.

The Board denied reopening of the previously denied claim for service connection due to lack of new and material evidence.

The Board found that the veteran's service-connected postoperative residuals of hyperactivity of the sympathetic nervous systems of the right lower extremity warranted a 40% rating. However, it was determined that none of his other claimed conditions were incurred or aggravated by active service and are not related to his service-connected condition.

The VA denied reimbursement for unauthorized medical expenses because the care was not rendered in a medical emergency and VA facilities were available to treat the veteran's conditions.

The veteran's bilateral hip disability is not service connected. The left knee and back disabilities are service-connected, but the hip disability is not considered secondary to these conditions. The veteran has been granted a total rating based on individual unemployability due to his service-connected disabilities.