Sleep apnea decisions — 2006

The veteran's service-connected disabilities are so severe that he is unable to engage in substantially gainful employment.

The Board denied the veteran's claims for service connection for multiple sclerosis, residuals of right knee injury, bronchitis (claimed as a residual of tobacco use), postoperative bilateral inguinal hernias, and lumbosacral strain with degenerative changes.

The Board denied the veteran's claims for service connection for arthritis of multiple joints and an increased evaluation for lumbosacral strain. The veteran was not granted any effective date prior to July 24, 2003 for irritable bowel syndrome.

The Board denied service connection for a cervical spine disability and granted service connection for lumbosacral strain and myositis, but did not assign the maximum schedular rating. The veteran's increased evaluation claim remains in controversy.

The VA denied the veteran's claim for special monthly pension based on need for aid and attendance of another person (A&A) due to his disabilities, including COPD, CAD with CABG, PVD, hypertension, arthritis, hearing loss, and tinnitus. The evidence did not show that any disability rendered him so helpless as to require the regular A&A of another person.

The veteran does not suffer from depression which can be related to his period of service.,The veteran does not suffer from chronic low back pain which can be related to his period of service.,The veteran does not suffer from right leg pain which can be related to his period of service.,The veteran does not suffer from bilateral hearing loss which can be related to his period of service.,The veteran does not suffer from tinnitus which can be related to his period of service.,The veteran does not suffer from chronic bilateral foot pain which can be related to his service.,The veteran does not suffer from sleep apnea which can be related to his period of service.,The veteran does not suffer from diabetes mellitus which can be related to his period of service.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting medical examinations to assess the veteran's low back disability. The veteran is also advised of his right to submit additional evidence and argument.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 20 percent rating since September 26, 2003, based on moderate limitation of motion.

The Board found no evidence of a chronic back disorder related to service and denied the veteran's claim for service connection.

The Board has determined that the veteran's current degenerative changes of the lumbosacral spine are a residual of an injury sustained on August 19, 1978, during INACDUTRA.

The Board has remanded the veteran's claims for service connection for sleep apnea and rheumatoid arthritis, including as secondary to PTSD. The RO must ensure proper notice is provided, schedule a VA examination, and readjudicate the claims with consideration of Allen v. Brown.

The veteran's fibromyositis of the dorsal and lumbosacral muscles is rated at 40 percent effective February 9, 2005. His PTSD remains in controversy as he has already received a full award for service connection.

The Board granted an increased evaluation to 20 percent for lumbosacral strain with arthritis from August 2, 1999. The effective date is March 16, 2005.

The veteran seeks an increased evaluation for his service-connected lower back disability, which is currently rated at 20 percent. The case has been remanded to obtain updated medical records and conduct VA examinations.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain, which is the maximum schedular rating available under the old criteria. The new criteria do not provide a higher rating.

The veteran's degenerative joint disease of the lumbosacral spine was rated at 10 percent prior to October 20, 2005.,Effective October 20, 2005, the veteran's disability rating for his lumbosacral spine condition was increased to 20 percent.

The Board has remanded the case for further development and readjudication, including obtaining medical records and scheduling an examination to assess the veteran's disability.

The Board denied service connection for fibromyalgia and sleep apnea, finding no current evidence of these conditions.

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, as it did not meet the schedular criteria for a higher rating.

The Board granted an increased rating of 40 percent for the veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease, but denied a higher evaluation for his right knee disability.