Sleep apnea decisions — 2006

The Board denied an increased evaluation for lumbosacral spine strain with mild scoliosis, finding that the veteran's symptoms were attributable to a congenital defect and obesity, not service.

The veteran's claims for service connection and increased rating for diabetes mellitus, as well as secondary service connection for hypertension, congestive heart failure, and sleep apnea are being remanded due to the need for additional VA examinations.

The Board denied service connection for PTSD due to lack of confirmed in-service stressors and current diagnosis. Service connection was also denied for lumbosacral strain as the condition is not related to service or a presumptive exposure basis.

The veteran's claims for higher initial ratings for her cervical and lumbar spine disabilities are being remanded to the RO for further development, including a VA examination.

The veteran's service-connected lumbosacral strain with degenerative joint disease is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or muscle spasm or guarding severe enough to result in abnormal gait or abnormal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. No incapacitating events have been shown.

The Board has granted the veteran's motion to advance his case on the Board's docket and remanded for compliance with instructions in the joint motion. The appeal is now before the RO for further development, including obtaining a medical opinion from a VA ophthalmologist.

The Board has denied the veteran's claims for service connection for lumbosacral strain and reflux disease, finding no evidence of a current disability related to her period of active service.

The Board denied an earlier effective date for the award of TDIU, finding that the veteran did not meet the schedular rating criteria for a finding of total disability due to service-connected disabilities prior to August 13, 1998.

The Board denied the veteran's claims for increased ratings for his left femur fracture with left knee disability, left hip arthralgia, and lumbosacral strain. The current ratings of 30 percent for each condition are maintained.

The Board of Veterans' Appeals (Board) denied the veteran's claim for a higher initial evaluation for his service-connected lumbosacral strain, currently evaluated as 10 percent disabling.

The veteran's claims for increased ratings were denied. The RO found that the current evaluations adequately reflected the severity of his service-connected disabilities.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and hypertension, finding that the evidence did not demonstrate the required functional loss or impairment to warrant higher disability evaluations.

The veteran's lumbosacral strain is currently rated at 20 percent disabling. The claims for bilateral hearing loss, tinnitus, and headaches are pending.

The veteran's carpal tunnel syndrome of the right arm is granted as service-connected. The veteran's lumbosacral strain is rated at 40 percent effective April 21, 2005.

The veteran's claim for an increased evaluation for lumbosacral strain was denied as there was no evidence of severe limitation of motion or severe symptomatology warranting a higher rating.

The Board denied the veteran's claims for a higher rating for lumbosacral strain and service connection for irritable bowel syndrome, finding that there was no evidence of current disability or a link to military service. The claim for PTSD is remanded.

The Board denied the veteran's request to reopen his claim for service connection for lumbosacral strain because no new and material evidence was presented.

The veteran is seeking an increased rating for her service-connected lumbosacral strain and scoliosis. The Board has remanded the case due to outstanding VA medical records and private treatment records.

The Board found no evidence of a right knee disability incurred or aggravated by service. The veteran's arthritis of the lumbosacral spine is currently rated at 40% and not higher.

The veteran's claim for special monthly pension (SMP) by reason of needing regular aid and attendance or being housebound was denied because his nonservice-connected disabilities do not meet the criteria for either benefit.