Sleep apnea Board decisions

The Board denied the veteran's claims for a compensable disability rating for lumbosacral strain and entitlement to TDIU, finding that his current back symptoms are not related to his service-connected recurrent lumbosacral strain.

The veteran is entitled to an effective date of April 21, 2002 for the grant of a total rating for compensation purposes based on individual unemployability due to his service-connected orthopedic disabilities.

The Board has determined that a remand is necessary to determine the etiology of the veteran's sleep apnea, including whether it is related to his in-service treatment for respiratory problems and/or service-connected sinusitis.

The Board denied the veteran's claims for service connection for an eye disorder, evaluations of left and right hip disabilities, and evaluation of chronic lumbosacral strain and residuals of concussion and closed head injury with headache. The appeals were based on direct service connection criteria.

The veteran's claims for increased ratings were denied. The RO found that the residuals of left neck radical dissection, nerve damage in the left neck area, and residuals of surgery in the left shoulder area do not warrant evaluations higher than those currently assigned. The claim for a compensable evaluation for tonsillectomy was also denied. Sleep apnea is rated at 30 percent since service discharge.

The Board denied the veteran's claims for increased ratings for her degenerative changes of the lumbosacral spine and chronic rhinosinusitis, finding that the evidence did not meet the criteria for a disability rating in excess of 60 percent or 10 percent, respectively.

The veteran's service-connected disabilities do not prevent him from securing and following any form of substantial gainful employment.

The Board has determined that the veteran's service-connected arthritis of the left knee and lumbosacral strain do not warrant an initial evaluation in excess of 20 percent.

The Board found that the veteran's dermatofibrosarcoma protuberans did not warrant an evaluation in excess of 10 percent, as his condition had improved and he was no longer receiving a temporary 100% rating.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 20 percent rating, reflecting limitation of forward flexion to 60 degrees.

The veteran's claims for service connection for lumbosacral and bilateral hip osteoarthritis are being remanded due to the need for additional examinations and development of evidence.

The veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board has determined that the veteran's service-connected disabilities, combined at a 70% rating, render him unable to secure and follow a substantially gainful occupation.

The Board has granted an initial evaluation of 20 percent for lumbosacral strain, finding that the veteran's condition meets the criteria for a 20 percent rating based on moderate limitation of motion.

The Board found that the veteran's lumbosacral strain, as evidenced by forward flexion to 85 degrees, extension to 25 degrees, and bilateral lateral flexion to 25 degrees without discomfort or pain, does not warrant a higher rating under either the old or new criteria for evaluating disabilities of the spine.

The Board denied service connection for a low back disability and did not grant TDIU as the veteran's current condition is not related to his military service.

The Board has determined that the veteran does not have a current diagnosis of an acquired psychiatric disorder or bone spurs other than to the right ankle. The claims for left carpal tunnel syndrome, lumbosacral spine disorder with degenerative changes, hiatal hernia, and gastrointestinal disorder were denied as there is no evidence linking these conditions to service or a service-connected disability.

The Board has denied the veteran's claims for service connection for chondrosarcoma of the right lower extremity and chloracne. The veteran was not granted service connection on a direct basis or due to exposure to herbicide agents.

The veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is denied. The claim for an increased rating for total left hip replacement is granted to a 70 percent evaluation, and the claim for an increased rating for posterior cruciate ligament tear of the left knee remains at 30 percent. A separate 10 percent evaluation is assigned for limitation of flexion of the left knee.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent, and his right knee and left knee disabilities do not meet the criteria for higher ratings under the applicable diagnostic codes.