Sleep apnea decisions — 2009

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. As the effects of an employability impairment have been overcome, he does not have an employment handicap.

The Veteran's sleep disorder is a direct result of his service-connected DDD C5-7, cervical spine and mild DDD L3-4 and L5-S1, lumbar spine. The Board finds that the evidence is in relative equipoise as to whether this condition was caused by or aggravated by his military service.

The Board has determined that the Veteran's service-connected disabilities do not combine to preclude substantially gainful employment, and therefore denied all increased rating claims.

The Board has remanded the case due to incomplete records from Social Security Administration (SSA). The appellant's disability benefits were awarded for paranoid schizophrenia and other functional psychotic disorders, but no medical records are available.

The Veteran's claims for increased evaluations for lumbosacral myositis and major depression disorder were denied. The RO continued the current ratings under revised criteria.

The Veteran's service-connected lumbosacral strain with degenerative changes is currently rated at 20 percent, and the Board has determined that a higher rating of 40 percent is warranted.

The Veteran's appeal is being remanded due to the submission of new documents by the Veteran, and further development is needed before a decision can be made.

The Veteran's claim for an increased rating for post-operative residuals of a stab wound of the neck was granted, with a current evaluation of 30 percent. The separate compensable ratings for muscle injury and left upper extremity disability were denied. The lumbosacral fasciitis rating remained at 10 percent.

The Board has reopened the Veteran's claim for service connection for a low back disorder, including myositis of the dorsal spine and degenerative disc disease (DDD) of the lumbosacral spine. However, the Board denied this claim as there is no probative evidence linking the current low back disorder to service.

The Veteran's hypertension is granted service connection, and the Board also remanded for further examination of his low back, right hand, and right knee disabilities. Service connection was not granted for PTSD.

The Veteran's claims for service connection for tinnitus, right shoulder bursitis, and lumbosacral strain have been granted. The Veteran is now rated at a 10% disability rating for his right shoulder bursitis and a 10% disability rating for his lumbosacral strain.

The Board has reopened the claim of service connection for a low back disability and granted service connection for 50% of the Veteran's disability due to lumbosacral disc disease as secondary to his service-connected left knee disability.

The Board finds that the Veteran's current low back disability, including lumbosacral strain and discogenic disease, is not attributable to service. The preexisting injuries in service did not result in a chronic condition.

The Veteran's lumbosacral strain has not met the criteria for a higher rating since September 26, 2003. The disability does not include vertebral fracture, ankylosis, severe limitation of motion, or incapacitating episodes. As such, her current rating of 20% is maintained.

The Veteran's lumbosacral strain was initially granted service connection and rated at 10 percent as of May 6, 2004. In September 2006, the rating was increased to 20 percent effective from May 6, 2004.

The Veteran died in October 2005 from intracranial hemorrhage due to, or as a consequence of, hypertension. The RO will need to provide proper notice and obtain a medical opinion regarding the cause of death and its relation to service-connected conditions.

The Board has determined that the Veteran's low back disability is aggravated by his service-connected right knee disability, and thus grants service connection for this condition on a secondary basis.

The Board found that the Veteran's back disability, degenerative changes of the lumbosacral spine, was not caused by or made worse by his service-connected residuals of a left ankle fracture.

The Board found that the Veteran's back disability was not incurred in or aggravated by active service and denied his claim.

The Board has determined that the Veteran's current low back disability, diagnosed as low back sprain and degenerative disc disease of the lumbosacral spine, is a pre-existing condition that was aggravated by military service. The Veteran's right and left foot disabilities are also found to be related to his period of active duty.