Sleep apnea decisions — 2007

The veteran's lumbosacral strain and left knee tendonitis are currently rated at their maximum levels, with no evidence of intervertebral disc syndrome or instability. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Board has determined that the veteran did not incur cervical spine, lumbosacral spine, or left shoulder disabilities in service. The claims for these conditions are therefore denied.

The Board has determined that the veteran's low back disability does not meet or approximate the criteria for a rating in excess of 10 percent.

The veteran's appeal is being remanded for additional development, including scheduling a hearing before the RO.

The veteran's initial compensable evaluation for spondylolisthesis of the lumbosacral spine with right lower extremity radiculopathy was granted prior to June 28, 2005. From June 28, 2005, his disability rating was increased to 60 percent.

The Board denied the veteran's claim for an effective date prior to December 1, 2002 for increased disability compensation benefits based on dependents. The veteran was awarded a combined disability rating in excess of 30 percent in November 2000 and was entitled to additional compensation for dependents if he provided evidence within one year after the qualifying rating decision. He submitted evidence of his dependents, two children, in early November 2002, which expired the one-year period for increased benefits based on dependents.

The Board has determined that the veteran's lumbosacral strain warrants a 40 percent disability rating, effective from when his claim was filed.

The veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated totally disabling. However, the appellant could not provide evidence that the veteran was entitled to receive a total rating prior to April 16, 1977.

The Board denied the veteran's claims for service connection for obstructive sleep apnea, bilateral pes planus with degenerative joint disease of the feet, and an acquired psychiatric disorder. The claim for increased rating for sinusitis was also denied.

The Board has determined that the veteran's service-connected lumbosacral facet dysfunction and degenerative disease warrants a 20 percent evaluation, effective September 9, 2004.

The Board has determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms have been mild to moderate in degree and do not meet the criteria for any additional evaluation.

The Board has ordered a new VA examination to determine if the veteran's current low back condition is related to his military service, including any lifting injuries during active duty.

The veteran's degenerative disc disease of the lumbosacral spine has not met the criteria for a higher evaluation from September 1, 1999 to October 17, 2004, and in excess of 40 percent from October 18, 2004.

The Board has granted a 60 percent evaluation for the veteran's intervertebral disc disease of the lumbosacral spine and has granted an effective date of July 31, 1997 for his claim for TDIU.

The veteran's chronic lumbosacral strain with degenerative disc disease is now rated at the highest possible evaluation of 40 percent, reflecting severe limitation of motion.

The veteran's initial evaluations for lumbosacral strain, bilateral shin splints, and acne were denied. The VA found that her conditions did not warrant an evaluation greater than 10 percent for lumbosacral strain or compensable evaluations for the shin splints.

The veteran's low back strain and degenerative joint disease of the lumbosacral spine are currently rated at 20 percent, which is the maximum rating available under current VA regulations. The Board finds that these conditions do not warrant a higher rating based on the evidence provided.

The veteran's service-connected lumbosacral strain and knee conditions have been rated at the maximum available disability rating of 20 percent. The decision grants these ratings for all periods.

The veteran's appeal has been withdrawn due to his request for withdrawal of the appeal.

The VA has determined that the veteran's service-connected lumbar spine disability, characterized by disc disease, chronic lumbosacral strain, and myositis, does not warrant an evaluation in excess of 50 percent.