Sleep apnea decisions — 2005

The VA granted a rating of 20 percent for the veteran's service-connected chronic lumbosacral strain, effective October 2001. The current disability is manifested by moderate limitation of motion and negative X-ray findings.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the appellant's chronic back disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Board found that the veteran's lumbosacral strain is already rated at the maximum assignable evaluation (40 percent) and does not meet criteria for an increased rating under any applicable diagnostic codes.

The veteran's fibromyalgia is granted with a rating of 40 percent, while his sinusitis and dermatological conditions are denied. The veteran's sleep apnea and obstructive lung disease were not found to be service-connected.

The veteran's appeal is being remanded due to incomplete development of her claims for a higher rating for lumbosacral strain and the reopening of her claim for service connection for a pineal gland tumor. The RO must schedule a hearing, obtain medical records, and conduct an examination before proceeding with further adjudication.

The VA has granted an initial evaluation of 20 percent for osteoarthritis of the lumbar spine with lumbosacral strain, effective from the date of the May 1993 decision.

The Board has determined that the veteran's low back disability, including chronic lumbosacral strain and ankylosing spondylitis, began during active service.

The veteran's claim for a higher rating for retinitis pigmentosa was granted, and he is now rated at 90 percent. He also received special monthly compensation based on blindness of one eye with only light perception in both eyes since December 29, 1988. The Board denied his request for an earlier effective date for service connection.

The Board denied service connection for variously diagnosed skin disorder, TMJ dysfunction, sleep apnea syndrome, respiratory disorder, and PTSD. The appeal is not about service connection at all.

The veteran's service-connected disabilities, including a 100% rating for femur fracture residuals and a 30% rating for major depression, do not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The VA determined that the veteran does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board has granted service connection for sleep apnea as being aggravated by the veteran's service-connected postoperative residuals of a left spine accessory nerve. The claim for service connection for a low back disorder is reopened, and an increased rating for dysthymia; with PTSD, major depression, and generalized anxiety disorder is granted.

The Board has determined that the veteran's claimed conditions of sinusitis, sleep apnea, and fatigue were not incurred or aggravated during active service and are not related to any service-connected disability.

The Board denied the veteran's claims for service connection for various conditions, including PTSD and a skin disability. The decision also addressed other issues such as diabetes mellitus, hearing loss, and sleep apnea.

The veteran's service-connected low back disability, characterized by DJD, spondylolisthesis, and disk space narrowing at L5-S1, is rated at 60 percent. The Board also granted TDIU based on the severity of his disability.

The veteran's right knee disability is currently rated at 30 percent, effective from August 1994. Her left knee disability remains at a 20 percent rating. The lumbosacral spine condition continues to be rated at 10 percent.

The veteran's service-connected lumbosacral strain with degenerative joint disease is rated at 10 percent, and his IBS is currently rated as noncompensably disabling. The Board has determined that the evidence supports a higher initial evaluation for both conditions.

The veteran's lumbosacral strain with DDD was granted a 50 percent rating effective from September 26, 2003. Prior to that date, the disability warranted a 40 percent rating.

The veteran's service-connected disabilities, specifically obstructive sleep apnea and chronic insomnia, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted the TDIU claim based on this finding.