Sleep apnea decisions — 2006

The Board denied the veteran's claims for higher ratings for his service-connected low back disability and right proximal tibia scar, finding that the evidence did not support a rating in excess of 20 percent for the spine condition or a rating in excess of 10 percent for the benign tumor.

Service connection for migraines and stomach disorder (claimed as gastritis and spastic colon) was denied.,Service connection for left ear hearing loss, right ankle fracture residuals, pes planus, thoracic spine disorder, kidney stones, sinusitis/rhinitis/allergies, benign prostatic hypertrophy (BPH), skin tumors (presumed due to herbicide exposure), arteriosclerotic heart disease (ASHD), and sleep apnea was denied.,Service connection for right ankle fracture residuals was granted.

The Board denied the veteran's claim for a higher rating for his service-connected lumbosacral strain, with disc disease and degenerative arthritis. The RO had previously granted service connection and assigned a 10 percent initial rating in April 1998, which was increased to 20 percent in October 1998, and finally to 40 percent in December 1998. The Board found that the veteran's disability did not warrant an evaluation higher than 40 percent under the applicable criteria.

The Board found that the veteran's lumbosacral strain and lumbar disc disease do not meet criteria for a higher rating, but granted an increased rating to 20 percent.

The Board found no evidence of a current diagnosis of fungus on the head, face, and neck. The veteran currently has acne rosacea and actinic keratosis, but there is no medical opinion linking these conditions to his active duty service.

The Board has remanded the case due to the need for additional medical opinions regarding service connection for spinal injuries and headaches.

The Board has remanded the case to the RO for further development, including scheduling a Travel Board Hearing.

The veteran's chronic lumbosacral strain was initially rated at 10 percent prior to July 15, 2004 and increased to 20 percent effective July 15, 2004.

The veteran's service-connected low back disability was granted a 20 percent evaluation effective February 5, 2004. The bilateral flatfoot condition received a noncompensable rating prior to February 5, 2004 and a 20 percent rating effective that date.

The Board has determined that the veteran's service-connected lumbosacral strain with L4 arthritis and L4-S1 disc disease warrants a rating of 40 percent from October 1988, but not in excess of this.

The Board found no objective indications of a chronic undiagnosed illness manifested by muscle and joint pain. The veteran's complaints were attributed to known clinical diagnoses, such as low back strain, cervical strain, patellofemoral joint disturbance, and shoulder tendonitis.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 40 percent evaluation, effective from September 26, 2003.

The Board found that the veteran's service-connected lumbosacral strain is primarily manifested by back pain and limitation of motion, with no evidence of ankylosis. The claim for increased ratings for right and left knee disabilities was not addressed in this decision.

The case is being remanded for additional development, including obtaining Social Security Administration records and medical records from private providers. The veteran must also be scheduled for a VA examination to assess the severity of her service-connected low back disability.

The Board has determined that the veteran's service-connected low back strain warrants a 40 percent disability rating, effective as of the date of the June 2005 rating decision. The veteran was previously rated at 20 percent.

The Board denied the veteran's requests for increased ratings for his lumbosacral strain and mood disorder with depressive features, as the current evaluations are considered appropriate based on the evidence of record.

The Board found that the reductions in disability ratings for anemia and lumbosacral strain were proper, as there was no evidence of improvement warranting a higher rating. The claim for restoration of the original ratings is denied.

The veteran's service connection claims for various disabilities are granted, with a 10 percent rating assigned for the upper gastrointestinal disability (GERD).

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his service-connected degenerative disc disease (DDD) of the lumbosacral spine with limitation of motion, finding that the disability did not meet or approximate criteria for a higher rating based on the evidence of record.

The Board has determined that the veteran does not have a current diagnosis of PTSD, and there is no evidence linking any of his current disabilities (pseudofolliculitis barbae, sleep apnea, or hypertension) to service. Therefore, service connection for these conditions cannot be granted.