Sleep apnea decisions — 2006

The Board denied the appellant's claims for increased ratings for lumbosacral strain and right lower extremity radiculopathy, as well as his claim for service connection for arthritis of multiple joints. The RO continued a previously assigned 40 percent rating on the basis of chronic orthopedic manifestations under Diagnostic Code 5293 (2003) and assigned a separate rating for radiculopathy based on chronic neurologic manifestations.

The Board denied the veteran's claims for increased ratings for her service-connected adjustment disorder with mixed anxiety and depression, and lumbosacral strain. The conditions are rated based on their impact on occupational and social functioning.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 40 percent, as it did not meet the criteria for more severe impairment.

The veteran's claim for service connection for retinitis pigmentosa was granted, with the decision finding that it is a direct service-connected condition.

The Board finds that the veteran's chronic lumbosacral strain is likely due to his service, and grants service connection for this condition.

The veteran's claim for an increased evaluation for his service-connected chronic lumbosacral strain with degenerative arthritis is being remanded due to the need for additional development, including obtaining outpatient and inpatient treatment records from VA and scheduling a VA examination.

The Board found that the appellant's current degenerative arthritis of the lumbosacral spine was not incurred or aggravated by service, and denied his claim for service connection.

The Board denied the appellant's claims for service connection for a left knee disorder and for an increased rating for lumbosacral strain prior to August 12, 2004. The claim for an increased rating for lumbosacral strain from August 12, 2004 was also denied.

The Board denied the veteran's claims for service connection and increased evaluations for his left ankle disorder, residuals of left shoulder surgery with degenerative changes, myositis of the lumbosacral spine, and right knee degenerative joint disease and patellofemoral syndrome. The evidence did not support these claims.

The Board denied the veteran's claims for service connection for right knee pain, left knee pain, and lumbosacral strain. The claim for an initial compensable rating for bilateral hearing loss was also denied. However, the veteran's dysthymic disorder was rated at 50 percent since April 20, 2005.

The Board denied the veteran's claims for a compensable disability rating for lumbosacral strain and entitlement to TDIU, finding that his current back symptoms are not related to his service-connected recurrent lumbosacral strain.

The veteran is entitled to an effective date of April 21, 2002 for the grant of a total rating for compensation purposes based on individual unemployability due to his service-connected orthopedic disabilities.

The Board has determined that a remand is necessary to determine the etiology of the veteran's sleep apnea, including whether it is related to his in-service treatment for respiratory problems and/or service-connected sinusitis.

The Board denied the veteran's claims for service connection for an eye disorder, evaluations of left and right hip disabilities, and evaluation of chronic lumbosacral strain and residuals of concussion and closed head injury with headache. The appeals were based on direct service connection criteria.

The veteran's claims for increased ratings were denied. The RO found that the residuals of left neck radical dissection, nerve damage in the left neck area, and residuals of surgery in the left shoulder area do not warrant evaluations higher than those currently assigned. The claim for a compensable evaluation for tonsillectomy was also denied. Sleep apnea is rated at 30 percent since service discharge.

The Board denied the veteran's claims for increased ratings for her degenerative changes of the lumbosacral spine and chronic rhinosinusitis, finding that the evidence did not meet the criteria for a disability rating in excess of 60 percent or 10 percent, respectively.

The veteran's service-connected disabilities do not prevent him from securing and following any form of substantial gainful employment.

The Board has determined that the veteran's service-connected arthritis of the left knee and lumbosacral strain do not warrant an initial evaluation in excess of 20 percent.

The Board found that the veteran's dermatofibrosarcoma protuberans did not warrant an evaluation in excess of 10 percent, as his condition had improved and he was no longer receiving a temporary 100% rating.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 20 percent rating, reflecting limitation of forward flexion to 60 degrees.