Sleep apnea decisions — 2006

The case is being remanded for additional development, including a VA examination and adjudication of the service connection claim.

The Board has granted an increased rating of 40 percent for lumbosacral strain with degenerative disc disease from March 27, 2003 to the present.

The Board has remanded the case for a travel board hearing and further development. The veteran's appeal is not yet decided.

The Board finds that the veteran's dysthymic disorder is secondary to his service-connected lumbosacral strain and grants service connection for this condition.

The Board denied the veteran's claims for earlier effective dates for service connection for obstructive sleep apnea and TDIU rating, finding that there was insufficient evidence to support a claim prior to March 26, 1999.

The veteran's appeal is being remanded due to the need for a clarification of his hearing preference and scheduling of an appropriate Board hearing.

The Board denied the veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbosacral spine, finding that his symptoms did not meet or approximate the criteria for a higher evaluation under either the old or new rating criteria.

The veteran's initial ratings for degenerative disc disease of the lumbosacral spine were granted and maintained at 10% from July 17, 2001, to September 25, 2003, and increased to 20% thereafter. The rating for S-1 nerve root irritation affecting the right lower extremity was also granted.

The Board granted the appellant's claims for increased ratings for lumbosacral strain, right knee disability, and left knee disability. The skin condition of the hands and buttocks and furunculosis of the buttocks and groin were not addressed as they are pending issues.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The issues are an increased rating for chronic lumbosacral strain and service connection for intervertebral disc syndrome or other radiculopathy.

The veteran's service-connected disabilities have been of such severity as to preclude all forms of substantially gainful employment, and the Board finds that she meets the criteria for a TDIU.

The Board has determined that the veteran's lumbosacral disc disease warrants a combined rating of 60 percent, based on separate ratings for orthopedic and neurological manifestations.

The VA determined that the veteran's degenerative disc disease and lumbosacral strain do not warrant a rating higher than 40 percent.

The Board denied the veteran's increased rating claims for scoliosis of the lumbosacral spine and scoliosis of the thoracic spine, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board denied the veteran's claim for service connection for lumbosacral strain (claimed as a back injury) due to lack of medical evidence linking the current disability to his period of active military service.

The VA has determined that the veteran's service-connected lumbosacral strain warrants a 10 percent evaluation, effective from April 1986. However, this rating is for his service-connected condition only and does not include any non-service connected herniated nucleus pulposus.

The Board found that the veteran's back injury in service was acute and transitory, and a continuing disability was not then present. The veteran is receiving the maximum schedular evaluation for residuals of dislocated nose with myalgias, myalgia, and allergic rhinitis.

The Board denied the veteran's claims for increased evaluation of his lumbosacral strain with traumatic arthritis, finding that he did not meet the criteria for a higher rating under the applicable schedular criteria.

The Board denied service connection for coronary artery disease, deviated nasal septum, sleep apnea, and chronic renal insufficiency due to lack of evidence linking these conditions to service. The veteran's military records are unavailable.

The veteran's appeal is being remanded for a new VA examination and consideration of the disability under both old and current rating criteria.