Sleep apnea decisions — 2005

The veteran's service-connected degenerative changes of the lumbosacral spine are manifested by constant low back pain with intermittent exacerbations, and the Board has determined that a 60 percent rating is warranted.

The veteran's service-connected degenerative facet disease of the lumbosacral spine aggravated his psychiatric disorder, leading to his death from anoxic encephalopathy.

The Board has determined that there is additional development needed, including a VA examination and the review of SSA records. The veteran's claim for an increased rating for his service-connected low back disorder will be remanded to the RO.

The Board has determined that the veteran's claims of service connection for alcoholism, increased rating for bilateral hearing loss, and service connection for muscle contraction headaches, lumbosacral strain (low back pain), a cervical spine disability, and a bilateral shoulder disability have been denied due to lack of legal merit.

The Board has denied the veteran's claims for service connection for hypertension, an eye disorder, sleep apnea, and diabetes mellitus. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has determined that service connection can be granted for chronic fatigue syndrome, sleep disturbance due to sleep apnea, and fibromyalgia as due to undiagnosed illnesses. Headaches are not considered due to an undiagnosed illness.

The Board denied an increased rating for lumbosacral strain, finding that the schedular criteria did not meet the requirement for a higher rating.

The veteran's claims for service connection were granted, with the exception of lumbosacral strain. The veteran was awarded a noncompensable evaluation for his ganglion cyst and a 10% evaluation for patellofemoral syndrome from November 3, 1995 to March 7, 2004, and a 20% evaluation thereafter. His claim for an increased rating for patellofemoral syndrome was granted.

The Board has determined that the veteran's pre-existing back and pelvis condition, characterized as a lumbosacral strain, was aggravated during service. As such, service connection for this condition is granted.

The VA denied the veteran's claim for an increased evaluation for his lumbosacral strain, currently rated at 20 percent. The RO found that the veteran's disability did not meet criteria warranting a higher rating.

The Board has remanded the case due to the need for further development and examination, including a VA C&P orthopedic examination to determine if the veteran's current thoracic and/or lumbosacral back disorder is related to his service-connected left knee and/or left hip disability or other incidents during active duty for training.

The Board has determined that the veteran does not have a current disability associated with his claimed conditions, and therefore service connection cannot be granted for any of these issues.

The veteran's degenerative disc disease of the lumbosacral spine has been rated at 40 percent since September 23, 2002. The rating is based on moderate limitation of motion and moderate neurological impairment.

The Board has determined that the veteran's preexisting bilateral pes planus disability underwent an increase in disability during active service, and therefore, service connection is granted for this condition.

The Board denied the veteran's claim for service connection for a low back disability, finding that there was no medical evidence linking his current condition to his military service.

The Board denied the veteran's claims for service connection for hypertension and a disability rating in excess of 20 percent for myositis and degenerative joint disease of the lumbosacral spine. The veteran's hypertension was not found to be due to his service-connected diabetes mellitus, and he did not provide sufficient evidence to support a nexus between his current hypertension and his service-connected diabetes.

The veteran's service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as he was not rated totally disabled continuously for a period of at least ten years immediately preceding his death.

The VA has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 40 percent evaluation, which is the maximum schedular rating available for this condition.

The Board finds that the veteran's degenerative disc disease of the lumbosacral spine with herniated nucleus pulposus, L-5/S-1 is reasonably due in part to in-service injuries and cannot be dissociated from service-connected lumbosacral strain.

The Board found that the veteran's service-connected residuals of nose injury did not warrant a compensable rating, and her other claims for service connection were denied as there was no evidence linking current diagnoses to active service or service-connected disability.