Sleep apnea decisions — 2009

The Veteran's lumbosacral strain was initially rated as non-compensable and later increased to 10 percent effective June 20, 2000. The Board found that the evidence supported a 10 percent rating for the period prior to June 20, 2000 and a 10 percent rating for the period beginning on June 20, 2000.

The Veteran's claim for increased evaluations for herniated nucleus pulposus and lumbosacral radiculopathy was granted. He is now receiving a 20 percent evaluation for his herniated nucleus pulposus since July 9, 2009, and a 10 percent evaluation for his lumbosacral radiculopathy.

The Veteran's combined disability rating is 50%, which does not meet the minimum percentage requirements for a TDIU. The disability is not shown to prevent him from obtaining or retaining substantially gainful employment.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral disc disease is being remanded due to the need for additional development, including a VA examination.

The Board has granted service connection for PTSD, but denied service connection for lumbosacral strain, bilateral hearing loss, and tinnitus. The Veteran's PTSD is related to his military service, while the other conditions do not meet the criteria for service connection.

The Veteran's PTSD has been rated as 70 percent disabling since January 21, 2009. The other conditions have not met the criteria for higher initial ratings.

The Veteran's appeal is remanded for additional development of his claims, including obtaining medical records and clarifying the opinions from VA examiners.

The Veteran's claim for a disability rating in excess of 10 percent for lumbosacral strain is being remanded due to the need for additional development, including obtaining post-service treatment records and scheduling another VA examination.

The Board has determined that the Veteran's DJD of the lumbosacral spine, hips, and knees is not related to his service. The preponderance of evidence supports a conclusion that these conditions are due to aging and an active lifestyle post-service.

The Board has determined that additional examinations and opinions are needed to properly assess the Veteran's spine, sinus disability/rhinitis, and sleep apnea claims. The case is being remanded for these purposes.

The Board denied the appellant's request for an increased evaluation of his lower back disability, finding that the evidence did not support a rating in excess of 40 percent.

The Veteran's service-connected lumbosacral strain and degenerative spurs of the cervical spine were granted increased ratings, with a 20 percent rating for right shoulder tendonitis effective July 18, 2008. The Veteran's varicose veins are rated at 10 percent each, and TDIU is denied.

The Veteran's back condition, diagnosed as mild degenerative arthritis of the lumbosacral spine and lumbosacral strain, has been rated at 20 percent disabling since January 12, 2009. The rating is based on moderate limitation of motion.

The Veteran's service connection claim for right S1 radiculopathy is granted. The reduction of the Veteran's disability compensation benefits due to incarceration for a felony conviction was proper.

The Veteran's service-connected lumbosacral pain syndrome has been rated at 20 percent since February 14, 2009. The Board found that the evidence does not support a higher rating prior to this date.

The Veteran's left hip disability is service-connected, and he was granted a higher rating for his right foot disability. The effective dates for the service connection of depressive disorder, OSA, and fibromyalgia are established as December 19, 2007.

The Veteran's lumbosacral strain with degenerative changes was rated at 10% from June 23, 2003 to September 3, 2008 and increased to 40% effective September 4, 2008.

The Veteran's initial disability rating for diabetes mellitus is denied as it does not meet the criteria for a higher rating.

The Veteran is granted service connection for headaches. Service connection for sleep apnea and COPD are denied.

The Board found that the Veteran's current back condition is not related to his active duty service or a service-connected right knee disability.