Sleep apnea decisions — 2009

The Veteran's initial ratings for left ulnar mononeuropathy status post left ulnar submuscular transposition and lumbosacral pseudoarthrosis have been denied as his symptoms do not meet the criteria for higher evaluations under applicable VA rating criteria.

The Veteran's service-connected chronic lumbosacral strain with degenerative disc disease and osteoarthritis is rated at 20 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The residuals of left hip contusion are not shown to warrant a higher rating.

The Board has determined that the Veteran's lumbosacral strain had its onset in active service and is related to his military service, granting service connection for this condition.

The Veteran's claim for an increased evaluation of his lumbosacral strain was denied. The Board found that the preponderance of evidence did not support a higher rating based on current criteria, as his condition did not meet the requirements for a higher evaluation under the applicable Diagnostic Codes.

The Veteran's claim for a higher rating for his lumbosacral strain disability was denied as the evidence did not show that his disability warranted a rating higher than 20 percent.

The Board found that the Veteran's lumbosacral strain does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board denied the Veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran is seeking service connection for sleep apnea. The Board has determined that a VA examination and opinion are needed to assess the nature and etiology of any current sleep apnea disability, including whether it is related to symptoms noted in service or caused by his service-connected allergic rhinitis.

The Board denied the Veteran's claims of service connection for a lumbosacral spine disability and bilateral knee disabilities, finding that new and material evidence had not been submitted to reopen these claims.

The Veteran's service-connected digestive disorder, characterized by prolapse of the antral mucosa, does not meet the criteria for a higher rating as it is currently rated at 20 percent. The evidence does not show impairment of health manifested by anemia and weight loss; or recurrent incapacitating episodes averaging 10 days or more in duration at least four times a year.

The Veteran's low back disability was found to not meet the criteria for higher ratings from December 14, 2004 to May 23, 2007. From May 24, 2007 onwards, her disability has been rated at 10 percent for lumbosacral strain and 10 percent each for radiculopathy in the left and right lower extremities.

The Veteran's claims for increased ratings and service connection were denied. Service connection was granted for right knee degenerative changes, but the Veteran is not entitled to a higher rating as his disability picture does not meet the criteria for a 20 percent evaluation under Diagnostic Code 5261.

The Board has determined that the reduction in evaluation of the service-connected post-lumbosacral strain with degenerative arthritis by x-ray from 20 percent to 10 percent was proper, as examination disclosed improvement and did not result in a reduction in overall compensation payments.

The Veteran is seeking a TDIU based on his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records from Social Security Administration and arranging for an examination to assess the impact of his service-connected conditions on his employability.

The Board denied the Veteran's claim for an effective date earlier than October 19, 2000 for TDIU benefits. The evidence did not show that the Veteran was unemployable due to his service-connected disabilities prior to this date.

The Veteran's appeal is remanded to determine if an extraschedular evaluation for his service-connected lumbosacral strain with degenerative disc disease is warranted due to marked interference with employment.

The Board denied the veteran's claim for an initial disability rating in excess of 20 percent for service-connected lumbosacral strain, finding that her condition did not meet the criteria for a higher rating based on the severity of her symptoms and functional impairment.

The Veteran's service-connected lumbosacral strain was granted a disability rating of 20 percent, effective as of December 10, 2008. His right leg radiculopathy continues to be rated at 10 percent.

The Veteran's low back strain disability is rated at 20 percent, effective from the date of his May 2003 rating decision. A separate 10 percent rating for left lower extremity neuropathy is granted since November 12, 2003.

The Board found no evidence of a current lumbosacral disability or DJD of the lumbar spine that was incurred in service, and denied the Veteran's claim for service connection.