Sleep apnea decisions — 2012

The Veteran's appeal for increases in the 'staged' ratings assigned for his lumbosacral strain with radiculopathy has been dismissed due to his failure to provide necessary identifying information and releases for critical evidence needed to properly adjudicate his claim.

The Veteran's service-connected lumbosacral strain prevented him from securing and following a substantially gainful occupation since February 12, 2004.

The Veteran's initial increased rating for Rosai Dorfman disease, sinus histiocytosis with enlarged lymph nodes has been remanded due to the need for additional VA examinations and treatment records.

The Veteran's lumbosacral strain with arthritis and radiculopathy is rated at 20 percent, effective October 8, 1953. He also receives separate 10 percent ratings for neurological impairment of the right and left lower extremities.

The Veteran's claim for service connection for sleep apnea, to include as secondary to service-connected PTSD, is being remanded due to the need for a complete VA examination and opinion regarding whether the current diagnosis of sleep apnea had its onset in service or is etiologically related to any incident that occurred during service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was rated at 10% prior to October 1, 2010. Effective October 1, 2010, his disability rating was increased to 20%. The current evaluation is appropriate given the range of motion findings.

The Veteran's claim of service connection for a skin disorder, diagnosed as rosacea, was denied. The Board found that the evidence did not support a finding that the condition was incurred in or aggravated by active service, including exposure to herbicide agents like Agent Orange.

The case is being remanded for further development to address the Veteran's claims for service connection related to obstructive sleep apnea, heart condition, and cutaneous sarcoid of the facial cheeks. The issues include determining whether these conditions are related to service or if they are secondary to other conditions.

The Veteran's claim for service connection for lumbosacral strain with arthritis is being remanded due to the need to obtain additional medical records and conduct a VA examination.

The Veteran is granted a rating of 100 percent for retinitis pigmentosa from December 16, 1970 to December 28, 1988 and SMC at the intermediate rate between (l) and (m) prior to December 29, 1988.

The Veteran's appeal is being remanded to obtain additional medical records and to provide a new VA examination for his PTSD and sleep apnea claims.

The Veteran's lumbosacral strain superimposed on degenerative changes is currently rated at 20 percent, and the evidence does not support a higher rating based on current functional impairment or presence of other conditions.

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

The Veteran's lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating of 20 percent is warranted from November 2, 2009.

The Veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities were denied. The Board found that the evidence did not support a higher rating based on the severity of the disability.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his claimed psychiatric disorder and the current severity of his service-connected low back disability.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's sleep apnea, including both direct and secondary theories of causation.

The Veteran's claim for a higher rating for his service-connected low back disability, characterized as traumatic arthritis of the lumbosacral spine with history of strain, was denied. The Board found that the current schedular rating of 40 percent adequately addresses the symptoms and impairment caused by this condition.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and his right lower extremity radiculopathy warrants a separate 10 percent rating.

The Board found that the appellant's malignant fibrous histiosarcoma with lymph node metastases was not incurred in active service and denied his claim.