Sleep apnea decisions — 2005

The veteran's chronic lumbosacral strain was granted a 20 percent rating effective September 26, 2003. The issue of an earlier effective date for the 30 percent rating for bilateral pes planus is not warranted.

The Board has determined that the veteran's fibromyositis of the lumbosacral spine warrants a rating of 40 percent, effective from September 26, 2003.

The veteran's claim of an increased rating for his sleep apnea from 50 percent disabling is being remanded due to the need for additional development under the VCAA.

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and her tinnitus is not service-connected. The other conditions listed in the issues section are either not supported by evidence or were resolved prior to separation from service.

The veteran's lumbosacral sprain and strain have been found to be aggravated by her service-connected right knee disability, warranting service connection for this condition.

The veteran's claims for increased rating, service connection for PTSD, and skin conditions secondary to herbicide exposure were denied. The Board found that the evidence did not support a finding of an in-service stressor for PTSD or credible supporting evidence for the claimed skin conditions.

The veteran's claims for higher initial disability ratings for his service-connected low back and left hip disabilities were denied. The original rating of 20 percent for the lumbosacral spine disability remains in effect, while a 10 percent rating is assigned for bursitis of the left hip from April 17, 2003.

The veteran's claim for an increased rating for his lumbosacral spine disability was granted and he is currently rated at 10 percent.,An effective date prior to January 29, 2002 for the compensable rating cannot be established.

The veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and providing the veteran with a VCAA letter. An examination will also be conducted to determine if any current diagnosis of dysthymia or depression is related to his service-connected lumbosacral strain.

The Board has determined that the veteran's sleep apnea originated during his period of military service and is therefore granted service connection.

The Board has granted a 20 percent disability rating for lumbosacral strain prior to February 22, 2004 and a 10 percent disability rating for bilateral pes planus. The veteran's service-connected disabilities are evaluated based on their current manifestations.

The Board found that the veteran's current lumbosacral strain with herniated and degenerative disc disease is not related to his military service, and thus denied his claim for service connection.

The veteran's claims for increased ratings were granted, with the right knee receiving a 100% rating effective from November 21, 2003, and a noncompensable rating from January 1, 2004. The low back received a 40% rating prior to September 23, 2002, and a 10% rating for intervertebral disc syndrome-related lower extremity neuropathy starting from September 23, 2002.

The Board found that the veteran's lumbar strain did not meet or approximate the criteria for a rating in excess of 20 percent. The right knee disability was rated under Diagnostic Codes 5262 and 5257, with no indication of arthritis being considered separately.

The Board has remanded the veteran's claims for higher ratings due to additional development of his lumbar spine disability and evaluation of left lower extremity radiculopathy.

The veteran's chronic lumbosacral strain was granted a rating of 40 percent, stomach disorder with scars was granted a rating of 20 percent, right hand fracture was granted a rating of 0 percent, right ankle arthralgia was granted a rating of 10 percent from June 10, 1995 to February 2, 2000 and dismissed thereafter, and TMJ syndrome was granted a rating of 10 percent from June 10, 1995 to February 4, 1997 and dismissed thereafter.

The Board denied compensation for bilateral shaking leg syndrome due to VA vocational rehabilitation training. Service connection for chronic headaches and an eating disorder was not reopened, as the new evidence did not present a contention that the conditions began during service or worsened during service. The claim for avitaminosis was reopened based on new evidence.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for low back disability and residuals of a punctured right ear drum. The reopened claims are both granted.

The Board has remanded the case due to incomplete medical records and the need for further examinations.

The veteran's obstructive sleep apnea was diagnosed during his period of active service and is considered to have originated there. The Board has granted the claim for service connection.