Sleep apnea decisions — 2007

The Board has determined that the veteran's lumbosacral strain does not warrant a higher disability rating, as it does not meet the criteria for a higher evaluation under either the old or new VA Schedule for Rating Disabilities.

The veteran's PTSD is currently rated at 50 percent, which is the maximum schedular rating available. The lumbosacral strain with sacroiliac strain has been granted an initial 20 percent disability rating.

The Board has determined that new and material evidence was submitted to reopen the claim of service connection for lumbosacral strain with spondylosis and rotary dextroscoliosis of the lumbar spine. However, the claim is denied on the merits as there is no new evidence relating the current disability to service.

The VA determined that the veteran's low back disability, rated as 10 percent disabling since August 9, 2003, does not meet criteria for a higher rating based on current functional impairment. The examiner found no incapacitating episodes and noted normal ranges of motion with no pain or neurological symptoms.

The Board has determined that the effective date for the TDIU award should be June 24, 1997, as this is when the veteran submitted evidence indicating he was unemployable due to service-connected disabilities.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain, PTSD, and radiculopathy of the left lower extremity.

The veteran's death was not caused by a service-connected disability, and the statutory criteria for DIC benefits under 38 U.S.C.A. § 1318 were not met.

The VA determined that the veteran's service-connected low back disorder, characterized by chronic lumbosacral strain and disc disease, does not warrant a rating higher than 40 percent.

The veteran's service-connected low back strain is now rated at 10 percent, effective from November 8, 2002. The secondary dysmenorrhea with history of uterine bleeding continues to be rated at 10 percent.

The veteran's service-connected degenerative disc disease with lumbar strain is currently rated at 50 percent, effective from the date of this decision.

The veteran's lumbosacral strain was evaluated at a 10 percent rating since September 1, 2001. The claim for an increased evaluation is denied.,Service connection for the right knee condition is denied.

The Board has determined that additional development is needed to determine the etiology of any current left ankle and lumbar spine disorders, as well as whether service connection should be granted for these conditions. The veteran's address needs to be verified and all appropriate records must be obtained.

The Board denied the veteran's claims for an earlier effective date for lumbosacral strain and restoration of a 20 percent rating for his service-connected left knee disability. The reduction in the left knee evaluation was found to be proper based on improvement noted after surgery.

The Board has denied the veteran's claims for service connection for a sleep disorder, alcohol/substance abuse, and gastroesophageal reflux disease. The veteran's PTSD is currently rated at 50 percent.

The veteran's lumbosacral strain disability was increased from 10 percent to 20 percent.

The veteran's claims for service connection were denied. The Board found no evidence of a current disability and insufficient medical nexus to support the veteran's assertions.

The Board granted the veteran increased ratings for his lumbosacral strain, migraine headaches, left knee instability, right knee DJD, and cervical spine disorder.

The veteran's claim for increased ratings for chronic lumbosacral strain and a total rating based on individual unemployability due to service-connected disabilities was denied. The current evaluations of 50 percent prior to May 1, 2004, and 40 percent as of May 1, 2004, are upheld.

The Board has determined that the veteran's service-connected low back disability warrants a 40 percent rating, reflecting some limitation of motion with pain and weakness.

The Board has determined that the veteran's service-connected lumbosacral strain more nearly approximates severe lumbosacral strain, warranting a 40 percent disability rating under Diagnostic Code 5295 in effect prior to September 26, 2003.