Sleep apnea decisions — 2008

The veteran's claim for service connection for degenerative joint disease of the lumbosacral spine with spondylosis and post-laminectomy syndrome is being remanded due to incomplete service medical records and further development needed.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as his service-connected conditions do not meet the criteria for a TDIU.

The veteran's lumbosacral strain with degenerative joint disease is rated at 20 percent disabling, effective from November 14, 2006. The other conditions are evaluated based on their specific criteria.

The veteran's appeal is being remanded to the RO for further development, including scheduling a hearing before the Board at the local office in Boston, Massachusetts.

The veteran's service connection claims for migraines, hiatal hernia, lumbosacral disc disease, undiagnosed systemic disease (undiagnosed illness), ITP, right index finger fracture, and lymph node biopsy scars have been granted. The disability evaluations are as follows: 30 percent for migraines, 10 percent for hiatal hernia, 10 percent for lumbosacral disc disease, 60 percent for undiagnosed systemic disease (undiagnosed illness) from February 1, 2005, and 100 percent for undiagnosed systemic disease (undiagnosed illness) from January 28, 2008. The right index finger fracture is noncompensable, the lymph node biopsy scars are noncompensable, and ITP remains at a noncompensable evaluation.

The Board has determined that the RO's denial of service connection for the cause of the veteran's death was not clearly and unmistakably erroneous, and thus, the claim is not reopened.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the veteran does not have a current disability for each of the conditions he claims were incurred in service.,Service connection was denied for diabetes mellitus, sleep apnea, allergic rhinitis, headaches, sinusitis, chronic fatigue, and memory loss with loss of concentration.

The Board has determined that the veteran is unable to obtain or maintain substantially gainful employment due to his service-connected disabilities, and thus grants a total disability rating based on individual unemployability.

The veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board finds that he is not unemployable due to his service-connected conditions.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance of another person or due to being housebound.

The Board and the RO have previously denied service connection for retinitis pigmentosa, a congenital or developmental abnormality. The most recent denial of reopening the claim was based on the absence of new and material evidence.

The veteran's claim for a higher rating for his lumbosacral strain is being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board denied the veteran's claims for increased ratings for his lumbosacral spine, bilateral knee, vertigo, hearing loss, and eye scarring conditions. The evidence did not support a higher rating under the applicable diagnostic codes.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, currently rated at 20 percent.

The VA denied the veteran's claims for increased evaluations for his service-connected chronic low back pain with herniated nucleus pulposa L5-S1 and post-traumatic stress disorder (PTSD). The evidence showed that the veteran had some complaints of pain but no significant impairment in motion or function. His PTSD was characterized by occasional decrease in overall functioning due to nightmares, sleep impairment, depression, and memory impairment.

The VA denied the veteran's claim for an increased rating for his low back strain, currently evaluated at 20 percent. The objective medical evidence did not show marked or severely limited motion or severe lumbar strain to warrant a higher rating.

The veteran's service-connected lumbosacral spine disability and right foot impairment have been rated at the maximum available under VA regulations. The effective date for the TDIU has been set as September 15, 2006.

The veteran's claim for a higher rating for his low back disability was denied. He is currently rated at 20% for degenerative disc disease of the lumbosacral spine, but does not meet criteria for an increased rating as forward flexion is greater than 30 degrees and he has no evidence of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour. His claims for sciatica are also denied.

The veteran's claim for higher ratings for his low back disability was denied. The initial rating of 20 percent prior to September 28, 2006, and the staged rating of 40 percent from that date forward were both denied.