Sleep apnea decisions — 2006

The Board denied the veteran's claims for higher ratings for cervical strain, lumbosacral strain, and COPD. The RO assigned noncompensable disability ratings initially in April 1998 and increased them to 10 percent effective August 23, 1997.

The Board denied the veteran's claims for increased evaluations of his service-connected disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedules.

The Board has determined that the veteran's current back disability is related to an injury in service, and thus service connection for lumbar strain with degenerative joint disease/degenerative disc disease is granted.

The Board has denied the veteran's claims for service connection for lumbosacral strain with DJD, cervical sprain with DJD, residuals of contusions and strain of the left elbow, and residuals of contusions of the right forearm as there is no medical evidence linking these conditions to his military service.

The Board denied the veteran's claims of entitlement to service connection for various conditions, including an acquired psychiatric disorder, hypertension, a systolic murmur, dysplasia, Achilles tendonitis, hip disorders, and sleep apnea. The evidence did not support these claims.

The Board has granted service connection for lumbosacral strain and right facial numbness due to cavernous sinus syndrome, but the initial ratings are both at the minimum (10%) level as they do not meet criteria warranting a higher rating based on current symptoms or medical evidence.

The Board found that the veteran's lumbosacral strain with degenerative disc disease, with low back pain and intermittent sciatica, did not warrant an evaluation in excess of 40 percent.

The veteran's claims for increased evaluations were denied. The Board found no evidence of current right ear hearing loss disability and determined that the veteran did not have moderate impairment in his left great toe, lumbosacral strain, or ankle condition at any point since service connection was established. The postoperative residuals of a left tibial shaft fracture with limited motion of knee were also rated as 10 percent disabling.

The veteran's service-connected back disability, which includes residuals of lumbar discectomy with herniated nucleus pulposus, disc bulging, and stenosis of the lumbosacral spine, does not meet the criteria for a higher rating as it does not cause unfavorable ankylosis or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board has ordered the case remanded for further development and review of the claim, including a supplemental medical opinion from an orthopedic specialist.

The Board denied service connection for sleep apnea and found a 10 percent disability rating was warranted for pleural thickening, both lungs, residual asbestos exposure prior to February 26, 2004. The Board also found no higher ratings were warranted thereafter.

The Board denied a higher rating for the veteran's service-connected residuals of lumbosacral fusion, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board denied the veteran's claim for a disability rating in excess of 10 percent for his service-connected lumbosacral strain, finding that there was no evidence of ankylosis or other significant impairment warranting a higher rating.

The veteran has withdrawn his appeals for a higher rating on the lumbosacral spine disability and service connection for a cervical spine disability, to include on a secondary basis. As such, these issues are dismissed.

The Board denied a rating higher than 60 percent for the veteran's service-connected lumbosacral strain, finding that the evidence did not show unfavorable ankylosis of the spine or residuals of vertebral fracture.

The Board denied the veteran's claims for increased ratings for his service-connected internal hemorrhoids and duodenal ulcer, mucosas colitis. The issues regarding bilateral hearing loss disability and tinnitus were also addressed but not decided as they are related to new evidence or lack of service connection.

The veteran's claims for increased ratings for lumbosacral strain and tinea cruris were denied, as the evidence did not support a higher rating based on limitation of motion or other criteria. The claim for service connection for a left ear disability was not addressed in this decision.

The veteran's claim for service connection for constipation was reopened and granted. A rating of 10 percent was assigned for low back strain prior to September 26, 2003, and a separate 10 percent rating was assigned for dorsal spine limitation of motion during the same period. The veteran is now rated at 20 percent for thoracolumbar strain from September 26, 2003 onwards.

The veteran's service-connected PTSD resulted in considerable impairment of social adaptability and interactions with others, including problems with irritability, depression, and the desire to isolate. The Board found that a 50 percent evaluation was warranted for this period.

The Board has granted an increased rating of 20 percent for the veteran's left knee injury residuals with degenerative arthritis, effective from February 25, 2004. The lumbosacral strain with degenerative arthritis is rated at 40 percent since February 25, 2004.