Sleep apnea decisions — 2009

The Veteran's claim for an increased rating for recurrent lumbosacral strain was granted, with a 20% disability rating effective July 16, 2002.

The Veteran's low back strain is rated at 10 percent, and his right knee disabilities are rated as follows: prior to October 7, 2003 - 10 percent; from October 7, 2003 to February 16, 2006 - 10 percent for extension limitation and 20 percent for flexion limitation; after February 16, 2006 - 30 percent for total right knee arthroplasty. The Veteran's service connection claim is granted.

The Board has remanded the case for additional development due to inadequate reasons and bases in previous decisions, as well as other procedural issues.

The Board has granted service connection for panhypopituitarism, and the Veteran's TDIU claim is remanded due to the need for additional evidence regarding his employability.

The Veteran's appeal is being remanded for additional development due to the need for a video conference hearing.

The Veteran's appeals for service connection on the issues of throbbing shoulder pain, bilateral wrist disorder, and a disability rating greater than 30 percent for service-connected abdominal hysterectomy due to endometriosis have been dismissed as she has withdrawn her appeal concerning these issues.

The Veteran's claims for increased evaluations and service connection were denied. The claim for an initial compensable evaluation for gastritis was granted, as well as the reopened claims for service connection for numbness of the right hand (carpal tunnel syndrome) and left hand (carpal tunnel syndrome).

The Veteran's service-connected bulimia nervosa and major depressive disorder are currently rated at 30 percent, effective December 4, 2004.

The Veteran's lumbosacral spine disorder was granted an increased rating to 20 percent effective May 30, 2007. His right lower extremity radiculopathy also received a grant of benefits.

The Board denied the Veteran's claims for service connection for COPD and a gastric ulcer and submucosal esophageal lesion, finding that there was no evidence of these conditions during his active duty service. The Board also found that any current diagnoses were not related to his military service.

The Veteran's claim for special monthly compensation based on need for regular aid and attendance or being housebound is remanded due to the need for additional development, including medical examinations.

The Veteran's lumbosacral strain with degenerative disc disease was rated at 20 percent from March 5, 2003 through January 21, 2009. Since January 21, 2009, the rating has been increased to 40 percent.

The Veteran's low back disability was previously rated at 20 percent and increased to 40 percent effective November 20, 2008.

The Board found that the Veteran's combined rating of 60 percent for his service-connected conditions does not meet the criteria for a permanent and total disability rating for nonservice-connected pension purposes.

The Board found that the Veteran's current lumbosacral disability, including spondylolisthesis and DJD of the lumbar spine, did not have its onset in service or within one year thereafter and has not been etiologically linked to his service. Therefore, service connection for these conditions was denied.

The Veteran's appeal is being remanded for additional development, including the need to provide his representative with an opportunity to review the case and submit a VA Form 646.

The Board has remanded the case for additional development, including obtaining medical records and arranging for VA examinations to address the Veteran's claims for service connection of depression, multi-level degenerative changes, and erectile dysfunction.

The Veteran's residuals of a low back injury with lumbosacral strain and T-5 fracture are currently rated at 40 percent, which fully satisfies the Veteran's appeal for an increased rating.

The Veteran's lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, and there is no evidence of favorable ankylosis. Therefore, his claim for a higher initial disability rating is denied.

The Board has ordered a remand to obtain an updated VA examination and opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected sinus headaches or related sinusitis.