Sleep apnea decisions — 2008

The Board denied a compensable rating for the veteran's service-connected lumbosacral strain, finding that it did not meet the criteria for such a rating based on the lack of limitation in range of motion or other functional impairment.

The Board denied the veteran's claims for service connection for hypertension and an increased evaluation for lumbosacral strain, finding that there was no evidence of onset during active service or a relationship to service. The veteran's claim for hypertension was denied due to lack of continuity of symptomatology with service, while his claim for lumbosacral strain was denied as the disability did not meet the criteria for higher ratings based on range of motion and incapacitating episodes.

The veteran's loss of use of a hand or foot is not due to his service-connected PTSD, and therefore he is not entitled to special monthly compensation based on loss of use of a hand or foot.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbosacral strain, finding that the current 20 percent rating adequately reflects the severity of his disability.

The Board found that the veteran's service-connected chronic lumbosacral strain does not warrant a higher than 10 percent rating due to limitations in range of motion and no findings of ankylosis or other severe disability. The current 10 percent rating is appropriate based on the examination findings.

The Board has remanded the case due to VCAA notice deficiencies and for additional development of evidence.

The Board found that the reduction of the disability rating for chronic lumbosacral strain from 40% to 10%, effective November 1, 2004, was proper. The veteran's PTSD and IBS were also addressed with increased ratings.

The veteran is entitled to specially adapted housing assistance due to his service-connected chronic lumbosacral strain and loss of use of both lower extremities, which precludes locomotion without the aid of a wheelchair.

The Board denied the veteran's claims for higher ratings for his chronic lumbosacral strain with degenerative joint disease, finding that the evidence did not meet the criteria for a rating higher than 10 percent before January 11, 2008 and a rating higher than 20 percent from January 11, 2008.

The veteran withdrew his appeal prior to the Board's decision.

The Board has determined that the veteran does not have a current diagnosis of sleep apnea, bilateral hip disability, or right foot Achilles tendonitis related to his military service. The claims for these conditions are therefore denied.

The Board found that the reduction in rating from 40 percent to 10 percent for recurrent lumbosacral strain was proper and denied entitlement to an increased evaluation.

The Board has ordered a new VA examination to assess the current severity of the veteran's service-connected lumbosacral spine injury, and instructed the RO to obtain any additional evidence from the veteran. The case is remanded for further development.

The Board has determined that the veteran's sleep apnea had its onset during active service and grants service connection for this condition.

The Board has denied the veteran's claims for service connection for residuals of a low back injury, bilateral hearing loss, and tinnitus. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The veteran has service-connected disabilities rated at 50 percent combined. He does not have an employment handicap and therefore, the requirements for establishing basic entitlement to VA vocational rehabilitation benefits under Chapter 31 are not met.

The Board found no medical evidence to support a connection between the veteran's current low back disability and his service, concluding that any current condition is more likely due to his chronic overweight condition, age, and deconditioning. As such, the claim for service connection was denied.

The Board has determined that the veteran's current cervical spine disability is related to his in-service injury, and service connection for this condition is granted.

The veteran's claim for an earlier effective date for a 10% disability evaluation for his service-connected muscular lumbosacral strain has been denied. The Board found that the increase in severity of symptoms occurred after January 7, 2004 and thus the earliest possible effective date is January 7, 2004.

The veteran's claims for increased evaluations and earlier effective dates for his right shoulder and low back disabilities were denied. The RO found that the evidence did not support higher ratings or earlier effective dates.