Sleep apnea decisions — 2008

The VA denied the veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and right knee arthritis, as both conditions do not meet the criteria for higher ratings under the applicable rating schedule.

The Board denied the veteran's claims for ratings in excess of 10 percent for lumbosacral strain and postoperative fracture of the right wrist and hand, finding that his conditions did not meet the criteria for higher ratings based on limitation of motion or neurological manifestations.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the veteran for an examination to assess his current disability levels.

The Board has determined that the veteran does not have a current diagnosis of bilateral knee disability, disability manifested by chest pain, or sleep apnea. The claims for service connection for these conditions are therefore denied. Service connection is granted for a psychiatric disorder (major depressive disorder), heel spurs, and bilateral shoulder arthritis.

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain is being remanded to allow for further development, including obtaining medical records and scheduling the veteran for a VA examination.

The veteran's appeal is being remanded for additional development, including a neurological examination to assess the extent of his service-connected lumbar spine disability and associated neuropathy.

The Board has determined that the veteran's knee and lumbosacral strain conditions are appropriately rated, and no increased ratings are warranted.

The Board found that sinusitis was not incurred in or aggravated by the veteran's period of active duty and denied service connection for this condition.

The Board denied the veteran's claims for service connection for lumbosacral strain and bilateral hearing loss, finding no evidence of a chronic condition during service or related to service.

The Board denied the veteran's claims for service connection for various conditions, including cervical spine strain with degenerative disc disease, thoracolumbosacral spine strain with degenerative changes, tension headaches, right upper and left upper extremity carpal tunnel syndromes, an acquired psychiatric disorder (including depression, dysthymia, and bipolar disorder), right shoulder disability, left shoulder disability, right knee disability, and right hip disability. The Board found that the veteran's pre-existing right knee disability was not aggravated by service.

The Board denied the veteran's claims for increased evaluations of his low back disability and a prior effective date for a skin disability. The low back disability was evaluated as 20 percent disabling, but the claim for an earlier effective date for tinea versicolor was not addressed.

The Board has remanded the case due to the need for verification of the veteran's National Guard service dates, including active duty, ACDUTRA, and INACDUTRA.

The Board denied the veteran's claims for service connection for various conditions, finding no current evidence of these disabilities and concluding that they were not related to his military service.

The Board granted the veteran's claims for increased ratings and TDIU, with a 40 percent rating assigned for his lumbosacral spine disorder prior to February 27, 2001.

The Board is remanding the case for further development, including a VA examination to determine if the veteran's current low back disability is related to his service.

The veteran's claims for increased evaluation of his service-connected lumbosacral strain and service connection for a cervical spine disability are being remanded due to the need for additional examinations.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his PTSD and whether sleep apnea is secondary to his service-connected PTSD.

The Board has reopened the veteran's claim for service connection for gastroesophageal reflux disease (GERD) due to new and material evidence. The claims for fibromyalgia, chronic lumbosacral spine strain, and acquired stenosis of the cervical spine are remanded for further development.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the unavailability of volume one of his claims file and the failure to provide copies of certain examination reports. The case will be reviewed again in light of any additional evidence obtained.

The Board has determined that the veteran's low back disability warrants a 20 percent rating, effective December 13, 1999.