Sleep apnea decisions — 2009

The Board denied the veteran's claims for higher initial ratings and earlier effective dates for PTSD, service connection for sleep apnea, heart disability, onychomycosis, lipomas, and left foot and ankle disability. However, it granted a 70 percent rating for PTSD as of May 3, 2006, due to worsening symptoms.

The Board denied the veteran's claims for increased ratings for DJD of the right knee and DDD of the lumbosacral spine, finding that the evidence did not support a higher rating under the applicable criteria.

The Board denied an earlier effective date for the grant of service connection for degenerative disc disease of the lumbosacral spine at L3-4 and L4-5, finding no clear and unmistakable error in a 1961 rating decision that denied service connection.

The Board remanded the issues of entitlement to initial disability ratings in excess of 10 percent for degenerative joint disease of the lumbar spine with spondylolisthesis and left lower extremity radiculopathy for further development.

The veteran's claims for a rating in excess of 40 percent for his back disability and a total disability evaluation based on individual unemployability due to service-connected disorders are being remanded for further development.

The Board denied the veteran's claim for service connection for a back disorder, as there was no evidence of chronic disability during or shortly after service and no medical evidence linking his current degenerative disc disease to his military service.

The Board denied a rating in excess of 20% for lumbosacral traumatic degenerative changes, as the evidence did not show limitation of thoracolumbar forward flexion to 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.

The veteran's bulimia/anorexia nervosa was denied an increased rating, but service connection for a psychiatric disability other than bulimia/anorexia nervosa was granted.

The veteran's chronic lumbosacral strain did not meet the criteria for a higher initial or increased rating.

The veteran's residuals of L1 burst fracture of the lumbosacral spine have not been shown to be more severe than currently rated, and an evaluation in excess of 40 percent is not warranted.

The veteran's claim for service connection for sleep apnea was remanded for a new VA examination to determine the nature and etiology of his condition.

The Board denied service connection for hypertension, a sleep disorder, and pityriasis rosacea as the evidence did not support the presence of these conditions during or after active duty.

The veteran's claims for increased evaluations were partially granted, with some conditions receiving higher ratings and others remaining at their current levels.

The Board remands the claims for a medical opinion to determine if the veteran's back and knee disorders are related to his service-connected left hip disability or to service.

The Board denied entitlement to a referral for an extraschedular evaluation in excess of 60 percent for lumbosacral strain with arthritis.

The Board denied the veteran's claims for service connection for lumbosacral strain and degenerative disc disease of the lumbar spine, finding no current disability and that any pre-existing back injury was not aggravated by military service.

The veteran's sleep apnea was denied an initial rating in excess of 20 percent, as the disorder has not resulted in chronic respiratory failure, carbon dioxide retention, or cor pulmonale and does not require a tracheostomy.

The veteran's claim for a rating in excess of 20 percent for lumbosacral insufficiency with spondylolisthesis was remanded to obtain additional evidence and an updated VA examination.

The veteran's claim for an increased evaluation for lumbosacral strain with partial laminectomy, L5 was denied as the evidence did not support a higher rating.

The veteran's diabetes mellitus, lumbar spine disability, left shoulder disability, hypertension, and peripheral neuropathy of the upper and lower extremities were not found to warrant ratings in excess of those currently assigned.