Sleep apnea decisions — 2007

The Board has remanded the case due to outstanding treatment records from a private physician, Dr. Irizarry.

The veteran's claim for service connection for juvenile granulosa cell tumor was granted with an effective date of October 27, 2003. The Board found that the earlier effective date of September 5, 2002, is not warranted as there was no evidence of a prior claim.

The veteran was granted individual unemployability from October 31, 2001. The attorney is entitled to payment of attorneys fees based on this decision.

The Board has remanded the case due to incomplete notification and development under the Veterans Claims Assistance Act of 2000 (VCAA). The claim is being returned for further action.

The Board denied the veteran's claims for service connection for sleep apnea, increased ratings for hypertension and bilateral hearing loss. The evidence did not support a finding of service connection or entitlement to higher ratings.

The Board has remanded the case for further development, including a VA examination and consideration of new evidence. The claim of service connection for lumbosacral strain is to be reopened, while the issue of nerve damage of the legs will also be considered.

The Board denied service connection for the claimed conditions, finding that none of them were incurred or aggravated by active military service and not related to herbicide exposure.

The veteran's service-connected lumbosacral strain resulted in severe limitation of motion, warranting a 40 percent rating since September 26, 2003.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain, superimposed on spondylolisthesis, effective January 23, 2004. The maximum schedular rating under Diagnostic Code 5293 is warranted due to pronounced intervertebral disc syndrome (IVDS) with persistent symptoms compatible with sciatic neuropathy.

The veteran's service-connected disabilities, including PTSD, do not prevent him from securing and following all forms of substantially gainful employment consistent with his work and educational background. Therefore, the claim for a TDIU rating is denied.

The Board denied the veteran's claims for an effective date prior to January 14, 2004 and for extension of a 100% evaluation beyond June 17, 2004 for postoperative leiomyosarcoma of the back. The appeal was based on the presumption of exposure to Agent Orange during service in Vietnam.

The veteran's lumbosacral strain (low back disorder) and patellofemoral syndrome of the left knee have been granted service connection. The veteran's greater trochanteric bursitis of the left hip has been denied, as well as her initial disability rating for psoriasis which was granted from March 10, 2004 to May 12, 2005 and then again from May 13, 2005 to April 13, 2006. The veteran's residuals of surgical repair of a Morton's neuroma of the left foot have also been granted service connection.,The veteran's psoriasis has been granted service connection but her initial disability rating is denied as it does not meet the criteria for a higher than 10% rating.

The veteran's claims for increased ratings were denied, but service connection was granted and a non-compensable rating was assigned for the left knee condition. The right knee condition received a 20% rating effective May 21, 2003. Service connection was also established for lumbosacral strain and sprain with no compensable rating.

The veteran's service-connected temporomandibular joint dysfunction is currently rated as noncompensable, and the evidence does not support a higher rating.

The veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge. The issues include increased evaluation, service connection for sleep apnea and depression as secondary to service-connected disabilities, radiculopathy of the lower extremities, incontinence, and TDIU.

The Board denied service connection for a low back disability, finding that the current condition is not related to service and is unrelated to any injury or disease of service origin.

The Board denied the veteran's claims for service connection for type II diabetes mellitus, and denied his increased rating claims for traumatic arthritis of the lumbosacral spine, right shoulder, left knee, and bilateral hearing loss. The appeals were not about service connection at all.

The veteran's claim for an initial rating in excess of 40 percent for the service-connected chronic lumbosacral strain was granted. However, her claim for service connection for bilateral pes planus was also granted.

The veteran's initial disability ratings for his neck, left shoulder, and low back disabilities have been denied. The highest rating available under the applicable VA regulations is 20 percent for each condition.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for degenerative arthritis of the lumbodorsosacral spine, finding that the evidence did not support assignment of a higher evaluation.