Sleep apnea decisions — 2007

The VA denied the veteran's claims for an increased evaluation for his right knee disability and service connection for stomach ulcers, gastritis, lumbosacral strain, and asthma. The medical evidence did not show that the veteran's service-connected right knee disability met or approximated the criteria for a higher evaluation under any applicable diagnostic codes.

The veteran's claims for service connection and secondary service connection are being remanded due to the need for additional medical opinions and development of evidence.

The veteran's lumbosacral spine disability was rated at 40 percent since August 1, 2002. The cervical fusion of the C5-6 and C6-7 spine was increased to 40 percent effective July 27, 2000, with a temporary total rating from January 19, 2005, to March 31, 2005.

The Board has granted a 60 percent rating for the veteran's lumbosacral strain with arthritis, effective from the date of his claim in January 2001.

The VA has determined that the veteran's lumbosacral strain disability is severe enough to warrant a 40 percent rating, which is higher than his current 20 percent rating.

The VA denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, currently rated at 10 percent. The RO found that the condition did not meet the criteria for a higher rating based on its current manifestations.

The Board has remanded the veteran's claims for service connection due to incomplete medical records and will provide an SSOC if any part of this decision is adverse.

The veteran's claim for an increased disability evaluation for his service-connected lumbosacral strain is being remanded due to the need for further examination and medical opinions.

The veteran's claims for increased ratings and service connection have been denied.,Service-connected conditions include lumbosacral strain, chondromalacia of the right and left knees, headaches, hypertension, conjunctivitis, COPD, perirectal abscess, right foot calluses, rhinitis/sinusitis, bilateral flat feet, sleep disorder, hearing loss, ankle condition, wrist condition, shin splints, positive TB test, hyperlipidemia, and left foot tendonitis.

The Board denied the veteran's claims for service connection for arthritis of various joints and a compensable evaluation for rheumatic heart disease, finding that there was no evidence linking these conditions to his active duty or any service-connected disability.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 20 percent rating, effective from the date of claim. The non-specific urethritis is not rated as it does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claim for service connection for bilateral retinitis pigmentosa, finding that his condition existed prior to active service and did not increase in severity during service.

The veteran's service-connected rheumatoid arthritis of the left hip, right hip, right knee, left knee, fingers of the right hand, fingers of the left hand, right elbow, left elbow, right wrist, and left wrist have been rated as 10 percent disabling. The veteran's service-connected rheumatoid arthritis of the left shoulder and right shoulder have been rated as 20 percent disabling.

The Board has denied the veteran's claims for service connection for various conditions, including sleep apnea, hypertension, allergic rhinitis, prostate enlargement, depression, and poor circulation in the left leg, all allegedly due to Agent Orange exposure. The evidence does not establish a link between these conditions and his time in service or Agent Orange exposure.

The Board denied the veteran's claims for an increased disability rating for his service-connected myositis of the lumbosacral spine and denied his claims for service connection for a right eye disorder and a right leg disorder, finding that there was no evidence linking these conditions to active military service or his service-connected low back disorder.

The veteran's low back disability is rated at 20 percent, and his service-connected disabilities do not meet the criteria for a TDIU. The appeal is denied.

The Board has remanded the case for further development, including an orthopedic examination and compliance with the Joint Motion.

The Board found that the veteran's lumbosacral strain did not meet or approximate the criteria for a rating in excess of 20 percent prior to September 26, 2003. Since then, there is no evidence showing any forward flexion findings of the thoracolumbar spine at 30 degrees or less, objective neurological manifestations associated with his service-connected lumbar disability, or ankylosis of the thoracolumbar spine.

The veteran's lumbosacral strain is currently rated at 60 percent, the maximum schedular evaluation available under Diagnostic Code 5293. The claim for an increased rating is denied.

The Board has granted a 50 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease, L5 to S1, and compression fracture of L1 to L2, finding that it meets the criteria for such an evaluation.