Sleep apnea decisions — 2006

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need to address whether his degenerative disc disease is part and parcel of this disability.

The Board has determined that the veteran does not have service connection for hypertension or sleep apnea, and the claim of reopening a psychiatric disability to include depression is denied.

The Board has denied the veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea, as it is not shown to be directly related to his military service or secondary to his service-connected PTSD.

The Board has determined that the veteran's lumbosacral strain does not meet or approximate criteria for a disability rating in excess of 20 percent.

The veteran's service-connected left knee patellar tendonitis and lumbosacral strain are currently rated at 10 percent, but the evidence does not support a higher rating for either condition.

The veteran's claims for increased evaluations and service connection were denied. The effective dates of the granted conditions (diabetes mellitus, hypertension, and renal failure status post kidney transplant) are May 8, 2001.

The veteran's claim for service connection for low grade fibrosarcoma of the right calf, claimed as spindal cell sarcoma of the right calf is being remanded due to his request for his service medical records.

The Board denied increased ratings for the veteran's service-connected schizoaffective disorder, cervical myositis, lumbosacral paravertebral myositis, and patellar tendonitis of the right knee due to failure to report for VA examinations without good cause.

The veteran's claims for an increased rating and TDIU are being remanded due to the need for additional medical examination and consideration of vocational rehabilitation records.

The veteran's claim for special monthly pension based on need of regular aid and attendance or housebound status is denied as he does not meet the criteria for either benefit.

The Board has determined that a 40 percent rating is warranted for the veteran's lumbosacral strain with degenerative changes, as it consists of orthopedic pathology causing severe limitation of motion and more closely resembling a severe lumbosacral strain.

The Board has determined that the veteran's service-connected cervical spine disorder warrants a 20 percent rating prior to November 13, 2002 and a 40 percent rating thereafter. The lumbosacral strain with degenerative joint disease is rated at 40 percent since November 13, 2002.

The Board has determined that the veteran's current symptoms are attributable to a post-service motor vehicle accident, and not his service-connected lumbosacral muscle strain. Therefore, an increased rating for this condition is denied.

The Board has denied the veteran's claims for increased ratings for his low back disability, bipolar disorder, plantar fasciitis of the left foot, and macular hole in the right eye. The TDIU and nonservice-connected pension claims have also been denied.

The Board has granted service connection for GERD as secondary to PTSD and denied service connection for sleep apnea. The claim of reopening the left shoulder disorder was also granted, but the claim of reopening the skin disorder (lipoma) was denied.

The Board has determined that the veteran's low back disability warrants a higher evaluation than the current 40 percent, as his symptoms include severe limitation of motion and sciatica. The RO will continue to assign him a 40 percent rating for this condition.

The case is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's service-connected low back disability. The RO will also review the evidence to determine if an increased rating or TDIU is warranted.

The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling an examination. The veteran's claim for a compensable rating for his service-connected lumbosacral strain will be reconsidered after these steps.

The Board found that the veteran's pre-existing lumbosacral spine disability was not aggravated by his active service, and thus denied his claim for service connection.