Sleep apnea decisions — 2006

The Board found that the veteran's service-connected conditions, except for his loss of use of both hands due to Dupuytren's contractures, do not require regular aid and attendance.

The veteran's claims for increased ratings for residuals of ureterolithiasis, degenerative disc disease of the lumbosacral spine, and medial meniscus tear have been denied as there is no evidence to support a higher rating based on current disability levels.

The veteran's service-connected low back disorder did not warrant an increased evaluation, and although he was severely limited in his ambulation and activities of daily living due to respiratory decompensation, the evidence does not show that any service-connected disability rendered him so helpless as to be in need of regular aid and attendance or permanently housebound.

The veteran's claims for increased ratings for his service-connected left knee and right hip disabilities were denied. The RO granted service connection for these conditions, but did not grant the requested higher ratings.

The Board has determined that the veteran's lumbosacral strain does not warrant a rating in excess of 10 percent, and his post-traumatic headaches do not meet criteria for an increased rating.

The Board has determined that the veteran's chronic lumbosacral spine disorder, specifically degenerative disc disease, is service-connected as it originated during his active military service.

The Board has granted increased evaluations for the veteran's service-connected hypertension and lumbosacral strain, with a maximum of 40 percent each. The claim for bilateral numbness is denied as not due to service or service-connected conditions.

The Board denied the veteran's claim for service connection for a skin disorder, finding that there is no evidence to support a relationship between his current condition and his military service.

The Board has determined that the veteran's low back condition is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Board has remanded the veteran's claims for dental trauma, migraines, and a back condition due to incomplete documentation of his service records and failure to provide proper VCAA notice.

The Board has determined that there is no evidence of chronic ulcer disease or herniated disc of the lumbosacral spine in service, and thus denied both claims.

The veteran's residuals of a lumbosacral injury are manifested by pronounced intervertebral disc syndrome, with more than mild neurological symptoms and severe limitation of lumbar spine motion. A 60 percent rating is warranted for these conditions.

The Board has granted a higher disability rating of 40 percent for lumbosacral strain, effective from December 20, 2001. The veteran's claim for service connection for numbness and tingling in the legs, hands, and fingers remains pending.

The Board granted an increased evaluation of 20 percent for lumbosacral strain from December 10, 2002. The veteran's stomach disorder was not service-connected.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine is related to his service, granting service connection for this condition.

The Board has granted a 40 percent rating for chronic lumbosacral strain with degenerative joint disease and a 30 percent evaluation for migraine headaches, effective September 1, 2005.

The veteran's appeal has been satisfied by the December 2005 rating decision, which granted increased staged ratings and resulted in a combined evaluation of 100% from February 7, 2002. The issues on appeal have therefore been dismissed.

The Board denied the veteran's claims of service connection for malaria, fungus of the toes, lumbosacral spine condition, cervical spine condition, thoracic spine condition, hepatitis C, depression, and headaches. The decision also denied reopening of his previously denied claims.

The Board has determined that additional development is needed in order to properly adjudicate the veteran's claims for service connection for uveitis, neurosarcoidosis, and anemia. This includes obtaining treatment records, employment records, Social Security Administration records, and verifying in-service exposure to asbestos.