Sleep apnea decisions — 2006

The Board granted a disability rating of 40 percent for fibromyositis secondary to spondylolysis of L5 and spina bifida occulta of S1, effective April 15, 2002.

The veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the Board denies entitlement to a total disability rating based on individual unemployability.

The Board has determined that the veteran's diabetes mellitus was not incurred as a result of his active service and may not be presumed to have been incurred therein. The issues regarding increased ratings for service-connected lumbosacral strain and generalized anxiety disorder, as well as a total disability rating based on individual unemployability, are addressed in the REMAND portion of this decision.

The Board has granted restoration of the 20 percent rating for lumbosacral strain, but denied an increased evaluation in excess of 20 percent.

The Board has denied the veteran's claims to reopen his service connection claims for right lower extremity disability, lumbosacral disability, and upper respiratory disability due to lack of new and material evidence.

The Board has reopened the veteran's claims for service connection, but denied them on their merits as there is no evidence of in-service injury or disease that would support a finding of service connection.

The VA determined that the veteran's service-connected lumbosacral strain with traumatic arthritis warranted a 20 percent evaluation, which is the maximum schedular rating available for this condition.

The Board has remanded the veteran's claims for increased evaluations of his service-connected lower back, prostatitis, and rheumatoid arthritis of the right hand and wrist disabilities due to incomplete development. The RO/AMC is instructed to verify whether or not the veteran is receiving disability benefits from SSA and obtain any relevant medical documentation.

The Board found that the veteran's lumbosacral strain and right knee degenerative joint disease were not incurred in or aggravated by active military service.

The Board has found that the record is not sufficiently developed to ensure an informed decision and has ordered additional examinations, records reviews, and evidence collection. The veteran's nonservice-connected conditions need to be rated appropriately.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine, finding it related to injury during active service. The veteran's other claims remain pending.

The veteran's service-connected degenerative disc disease with herniated nucleus pulposus, degenerative joint disease, and lumbosacral paravertebral fibromyositis is rated at 60 percent prior to September 23, 2002, and the combined rating for all disabilities remains at 60 percent after that date.

The veteran's postoperative lumbosacral disc disease is rated at 40 percent prior to November 18, 2003 and at 30 percent from that date. Her maxillary sinusitis with allergic rhinitis remains rated at 10 percent.

The veteran's service-connected lumbosacral strain with severe limitation of motion is currently rated at 40 percent, and the Board finds that this rating is appropriate based on the evidence provided.

The Board denied the veteran's claims of service connection for bilateral hearing loss, disciform maculopathy, degenerative joint disease of the hands, and degenerative joint disease of the lumbosacral spine. The claim for irritable bowel syndrome was also denied as it is not due to or proximately caused by his service-connected PTSD.

The veteran's initial claim for a higher rating for his lumbosacral strain was denied. The RO assigned an initial 10 percent disability evaluation in October 2002, which was increased to 20 percent as of the effective date for service connection in July 2005. However, the veteran's appeal remains pending and he is seeking a higher rating.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for further medical examination and evaluation.

The Board has determined that the current record is insufficient to decide the claim for an increased rating for lumbosacral strain, and a new VA orthopedic examination is needed. The RO should also obtain all outstanding medical records of the veteran's treatment for his low back.

The Board has denied the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and a compensable rating for his lumbosacral strain, finding that there is no evidence to support these claims.