Sleep apnea decisions — 2008

The Board has remanded the case for additional development due to the submission of new evidence by the veteran, including a list of doctors who have provided treatment and a consent form. The RO is instructed to obtain updated VA treatment records from the VAMC in Atlanta and any other facility identified by the veteran or in VA records at which treatment has been provided.

The Board has granted a 10 percent disability rating for the veteran's service-connected hypertension, effective from the date of the decision. The initial compensable rating for rhinitis medicamentosa is denied.

The veteran's claims for an increased rating for lumbosacral spondyloarthritis and TDIU are being remanded due to the need to obtain Social Security Administration records.

The Board dismissed the appeal due to the veteran's death, and thus no effective date earlier than May 19, 1999 for service connection of retinitis pigmentosa is granted.

The veteran's service-connected low back injury is not productive of more than moderate limitation of lumbar spine motion for the period beginning July 6, 2006. Therefore, a higher initial evaluation in excess of 20 percent is denied.

The veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the claim for service connection for irritable bowel syndrome has been granted.

The Board has determined that additional development is needed to determine the veteran's employability prior to May 7, 2007 and whether his current degenerative disc disease and degenerative disc desiccation are related to service. The case will be returned for further action.

The Board has determined that the veteran does not have PTSD and therefore denied her claim for service connection.

The veteran's claim for SMC based on housebound status is granted as of July 1, 2006. The earlier effective date request for July 29, 2004 is denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any condition to his military service or herbicide exposure.

The Board denied the veteran's claims for service connection for residuals of a left ring finger injury and lumbosacral strain (claimed as mechanical low back pain), as well as his increased rating claims for GERD, chronic sinusitis, patellar tendonitis of the left knee, and patellar tendonitis of the right knee.

The Board found that the veteran's lumbar spine disability was not entitled to a higher rating for the period from April 12, 2005, to May 17, 2007. For the period on and after May 18, 2007, the disability warranted a 40 percent evaluation.

The Board has reviewed the claims for increased evaluations and service connection, but found that the evidence did not meet the criteria for a higher evaluation or service connection in all cases. The appeals are therefore denied.

The Board denied the veteran's claims for service connection for Lyme disease and sleep apnea, finding no current disability or evidence of in-service occurrence or aggravation.

The Board denied the veteran's claims for a higher disability rating for his lumbosacral strain and service connection for hearing loss and tinnitus, finding that the evidence did not support a higher rating based on forward flexion or ankylosis of the thoracolumbar spine. The Board also found no basis for separate ratings for neurological involvement.

The veteran's appeal is being remanded to obtain medical records and for further consideration of his claims.

The Board denied the veteran's claims for increased ratings for his degenerative arthritis of the lumbosacral spine and radiculopathy of the right and left lower extremities, finding no evidence to support higher ratings based on the current clinical findings.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative joint disease and left lower extremity L5 nerve root change, finding that he is not entitled to a rating in excess of 20 percent under either the old or new versions of the rating schedule.

The Board has determined that the veteran is entitled to an initial evaluation of 20 percent for his lumbar myositis secondary to lumbar strain, effective from March 16, 1995.

The Board denied the veteran's claims for service connection and increased evaluation for various conditions, including bilateral carpal tunnel syndrome, right ear hearing loss, left ear hearing loss, a right ankle disability, positional vertigo, gastritis, a left ankle disability, a right shoulder condition, and chronic lumbosacral strain and myositis with degenerative joint disease.