Sleep apnea decisions — 2007

The Board denied an evaluation in excess of 20 percent for the service-connected right shoulder impingement and lumbosacral strain.,Both conditions are currently rated at their maximum allowable evaluations.

The veteran's service-connected lumbosacral disability has been manifested by painful motion resulting in a range of motion of, at worst, forward flexion to 60 degrees, extension to 20 degrees, lateral flexion to 20 degrees bilaterally and rotation to 25 degrees bilaterally with arthritic changes at L5-S1. The criteria for an evaluation greater than 20 percent are not met.

The veteran's claim for an increased rating for his low back disability is being remanded due to the need for additional development, including a neurological examination.

The Board has determined that the veteran's degenerative changes of the lumbosacral spine were not incurred or aggravated by military service, as there is clear and unmistakable evidence that the condition was pre-existing and not aggravated during service. The claim for service connection is therefore denied.

The Board has determined that additional records are needed from the veteran's VA medical centers and Social Security Administration to properly assess his claims. The veteran will be scheduled for a new VA examination to determine if his disabilities are at least as likely as not related to his inservice head injury.

The veteran's degenerative changes of the lumbosacral spine are currently rated at 40 percent, which is the highest rating available under the applicable criteria for limited motion. The disability does not meet or approximate any higher rating based on additional limitation of motion.

The Board has denied the veteran's claims for service connection for various back, hip, leg, and knee disorders as well as left and right upper extremity disorders. The evidence does not establish that these conditions were incurred or aggravated during active duty.

The veteran's lumbosacral strain was granted a 20 percent evaluation effective June 16, 2006. He previously received a non-compensable rating.

The veteran's appeal is being remanded for additional VA examinations to assess the current severity of his service-connected lumbosacral strain and plantar fasciitis.

The veteran's claim for an increased rating for his service-connected DDD and strain of the lumbosacral spine was granted, as were claims for earlier effective dates for service connection and SMC based on loss of use of both feet. The decision also addressed a separate issue regarding TDIU.

The veteran's service-connected lumbosacral strain and degenerative disc disease of the cervical spine have been rated at their maximum allowable evaluations (40% for each condition).

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain with spondylolisthesis at L5-S1, finding that there was no evidence to support a rating in excess of 10 percent from December 21, 1957, to July 12, 1985, and no evidence to support a rating in excess of 20 percent from July 13, 1985, to January 27, 1994.

The Board is remanding the claims for further development, including scheduling a VA examination to assess the etiology of the veteran's claimed conditions and their relationship to service.

The VA denied the veteran's claim for an increased disability rating of 10 percent for his service-connected degenerative disc disease of the lumbar spine, finding that his symptoms did not warrant a higher rating based on the current medical evidence.

The Board has remanded the case due to incomplete records and the need for further examination. The appellant's claim is related to whether new and material evidence has been received to reopen a service connection claim for lumbosacral strain.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has denied the veteran's claims for service connection and evaluations of his hand disabilities due to a lack of new and material evidence.

The Board has determined that additional development is needed to properly adjudicate the veteran's claims, including obtaining medical records and scheduling examinations.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new evidence, but finds that military service did not contribute to his death.

The Board has determined that the veteran did not submit new and material evidence to reopen his claim for service connection for scoliosis of the dorsolumbar spine, to include lumbosacral strain. The RO's March 1986 decision is final.