Sleep apnea Board decisions

The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted an initial evaluation of 20 percent effective December 17, 2008.

The Veteran's service-connected low back disability is currently rated at 20 percent, effective from December 14, 2004. The Board denied a higher rating as the evidence did not show that his symptoms warranted an evaluation in excess of 20 percent.

The Veteran's claim for an earlier effective date for the grant of service connection for a lumbosacral strain with spondylosis was denied. The effective date is set at April 7, 2006.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine and hemorrhoids are currently rated at 10 percent each. The Board finds that these ratings adequately reflect the severity of her disabilities.

The Veteran's claim for an increased rating for his service-connected osteoarthritis of the lumbosacral spine with radicular pain in the lower extremities is granted, and he is assigned a 40 percent disability rating effective February 23, 2004.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the criteria for a higher rating for degenerative disc disease of the lumbosacral spine, an earlier effective date for right knee disability service connection, and earlier effective dates for migraine headaches were not met.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for dysthymia, chronic lumbosacral strain with degenerative arthritis of the lumbar spine, or traumatic arthritis of the left hip. Service connection for a cervical spine condition was also denied.

The Board found that the Veteran's lumbar spine disability did not meet or approximate the criteria for a rating in excess of 40 percent, and thus denied his claim.

The Veteran's claim for an increased evaluation of his low back disorder was denied, as the condition does not meet criteria for a higher rating. The claim for special monthly compensation based on loss of use of both lower extremities was also denied.

The Veteran's claims for service connection for a lumbosacral strain and limitation of motion in the right wrist were denied as there is no medical evidence that she currently suffers from these disabilities, nor is there evidence linking them to her active service.

The Veteran's ratings for his low back disability and associated pain and numbness of the left lower extremity were reduced from 60 to 20 percent, and from 10 to zero percent respectively. The decision is mixed as some issues are granted while others are denied.

The Board has determined that the Veteran's undiagnosed illness manifested by sensitivity to petroleum products and profuse sweating is causally related to his active service. The criteria for establishing service connection for sinusitis, hiatal hernia with GERD, and sleep apnea have not been met.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria for an increased evaluation or service connection.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied as there is no evidence of unfavorable ankylosis or incapacitating episodes warranting prescription bed rest by a physician. The current 40 percent rating remains in effect.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and evaluations.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain with disc syndrome is being remanded due to the need for additional development, including VCAA compliance and obtaining VA treatment records.

The Veteran's appeal involves staged ratings for his service-connected left hip disability, right hip disability, and lumbosacral strain with degenerative changes. The RO must remand the case to ensure proper development of the claims file and provide the Veteran with VCAA compliant notice.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.

The Veteran's low back disability is rated at 40 percent since October 17, 2001 (the date of filing), and a separate rating of 30 percent for associated right leg radiculopathy has been assigned.,He was previously granted an increased rating to 20 percent in June 2002.