Sleep apnea decisions — 2007

The veteran's claims for increased ratings were denied as the evidence did not show that his sarcoidosis required systemic high dose corticosteroids, and his lumbosacral strain was not severe enough to warrant a higher rating.

The Board has determined that the veteran's low back strain does not warrant an evaluation in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board found that the veteran's claimed disabilities were not incurred or aggravated by service and denied his claims for service connection.

The veteran's claim for a higher rating for chronic lumbosacral strain was granted, with the disability rated at 20 percent.

The veteran's claim for an increased initial rating for his service-connected traumatic injuries to the lumbosacral spine with chronic lumbosacral strain and subsequent multilevel degenerative disk disease was granted, with a 20 percent disability rating effective October 21, 2002.

The Board has determined that the veteran's right knee replacement and back disability are secondary to his service-connected left knee disability.

The Board has determined that the veteran's lumbosacral spine disability is related to his service, and thus granted service connection for this condition. The cervical spine disability was not addressed in the decision.

The veteran's claims for hiatal hernia, diverticulitis, elbow disability, eye disability, heart condition, and prostate disability due to VA treatment are all denied.,The veteran's claim of entitlement to service connection for frostbite of the feet is not reopened.

The Board has remanded the veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his heart disease and low back disability. The case will be returned to the AMC for further examination and consideration.

The veteran's claim for a TDIU is being remanded due to the need for additional information and evidence regarding his service-connected disabilities and their impact on his employability.

The veteran's lumbosacral strain is rated at 10 percent, the maximum available under current criteria.,The psychiatric disorder (major depressive disorder and dysthymic disorder) is rated at 30 percent, which is the maximum available under current criteria. The RO increased this rating to 30 percent in November 1997.

The veteran's chronic fatigue, degenerative disc disease of the cervical spine, and degenerative disc disease of the lumbosacral spine have been granted service connection as due to an undiagnosed illness. The left ear hearing loss claim remains pending.

The veteran's service-connected hip and lumbosacral spine disabilities are being reviewed to determine if they alone meet the criteria for a TDIU. An updated VA examination is needed to assess the severity of these conditions.

The veteran's claim for special monthly compensation on account of need for aid and attendance or by reason of being housebound is remanded due to inadequate evidence regarding the extent of his service-connected disabilities' impact on daily self-care functions.

The veteran's right knee injury, instability, lumbosacral strain, and thoracic spine strain have been rated at a 20 percent disability level since September 1, 2004. The current rating is based on the presence of periarticular pathology productive of painful motion in the right knee.

The Board has granted service connection for a macroprolactinoma with a pituitary adenoma and assigned an effective date of July 23, 2003. The earlier effective date claim for the increased rating of the chin/lip disability is denied.

The Board has determined that the earliest possible effective date for the grants of service connection is January 24, 2001. The veteran's claim was received on this date and thus no earlier effective date can be granted.

The Board has reopened the veteran's claim of service connection for chronic hypertension and granted a 20 percent evaluation for his lumbosacral spine disability. The initial evaluation in excess of 10 percent for right lower extremity radiculitis was also granted, as were increased evaluations for weight gain and cushingoid habitus.

The veteran's lower back disability is currently rated at 40 percent, effective December 2002. The rating was granted as the evidence met criteria for a severe lumbosacral strain.

The Board has granted a disability rating of 60 percent for service-connected lumbosacral strain and lumbar disc disease, effective from the date of the decision. The veteran's residuals of injury to the skull with blackouts are rated at 20 percent. Service connection is in effect for these conditions, resulting in a combined rating of 70 percent.