Sleep apnea decisions — 2008

The VA denied the veteran's claim for an initial compensable rating for mechanical low back pain/lumbosacral strain, finding that his range of motion did not meet the criteria for a compensable rating.

The veteran's residuals of a fracture, T-12 and L-1, with lumbosacral strain are currently rated at 10 percent. The VA has granted an increased evaluation to reflect the severity of his disability.

The VA determined that the veteran's lumbosacral strain does not meet or approximate the criteria for a higher rating, as it did not result in incapacitating episodes of intervertebral disc syndrome, nor did it cause limitation of motion or neurological impairment severe enough to warrant an increased rating.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that a 40 percent disability rating is warranted for the veteran's service-connected degenerative disc disease of the lumbar spine, effective from the date of the initial decision in June 1995.

The appeal for an initial increased rating for status post medial meniscus tear and anterior cruciate ligament injury of the right knee was withdrawn, and a 10 percent disability evaluation is maintained for lumbosacral strain with herniated nucleus pulposus.

The veteran's lumbosacral strain was rated at 20 percent, and his left knee disability (including arthritis) remained at 30 percent.

The appeal is remanded for a VA examination and opinion to determine whether the veteran's current sleep disorder may be related to service, as well as review of additional evidence received from the veteran.

The veteran's lumbosacral strain with degenerative joint disease and spondylosis was rated as 20 percent disabling due to moderate limitation of motion with tenderness and spasm in the paraspinous muscles.

The veteran's service connection claims for sleep apnea and a right foot disability were granted based on evidence of in-service symptoms, current diagnoses, and medical opinions linking the conditions to active duty.

The Board finds that the competent medical evidence supports a disability rating of 40 percent for the veteran's arthritis of the lumbosacral spine.

The veteran's claims for increased ratings were denied as he failed to report for a scheduled VA examination without good cause, and the evidence of record does not support higher ratings.

The Board denied service connection for hypertension, sleep apnea, eczema, a knee disorder, right shoulder tendonitis, and joint stiffness due to undiagnosed illness. The appellant's PTSD was rated 70 percent effective February 20, 2004, with an additional increase to 100 percent as of December 31, 2007, for the migraine headache disability prior to June 9, 2005, and a non-compensable evaluation thereafter.

The Board denied service connection for sleep apnea, and granted a 100 percent rating for coronary artery disease (CAD) with hypertension effective February 14, 2006. The claims for service connection for adenocarcinoma of the prostate, ED, and vertigo were deferred due to a stay imposed by the Secretary of Veterans Affairs.

The appeal was denied as there is no competent medical evidence of a nexus between the veteran's sleep apnea and his military service, and the PTSD symptoms do not meet the criteria for a rating higher than 30 percent.

The Board grants the claim of service connection for retinitis pigmentosa, which was first manifested during the veteran's second period of active service.

The veteran's low back disability is not productive of pronounced intervertebral disc syndrome or incapacitating episodes of a total duration of at least six weeks, and therefore, a rating in excess of 40 percent is not warranted.

The appeal is remanded to the RO for further development of evidence regarding the veteran's lumbar spine disability.

The Board denied an initial rating in excess of 10 percent for right shoulder strain with degenerative changes and a rating in excess of 40 percent for lumbosacral strain, disc disease, and traumatic arthritis. It granted an initial staged rating of 20 percent for cervical strain, myositis and disc disease from May 14, 1997, and 10 percent for right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture from May 14, 1997. It also granted an initial staged rating of 10 percent for a scalp scar effective October 26, 2006.

The Board denied the veteran's claim for service connection for a low back disorder as new and material evidence was not submitted, and also denied increased ratings for a scar on the left foot and bilateral hearing loss.