Sleep apnea Board decisions

The Board has determined that a 40 percent rating is warranted for the veteran's lumbosacral strain with degenerative changes, as it consists of orthopedic pathology causing severe limitation of motion and more closely resembling a severe lumbosacral strain.

The Board has determined that the veteran's service-connected cervical spine disorder warrants a 20 percent rating prior to November 13, 2002 and a 40 percent rating thereafter. The lumbosacral strain with degenerative joint disease is rated at 40 percent since November 13, 2002.

The Board has determined that the veteran's current symptoms are attributable to a post-service motor vehicle accident, and not his service-connected lumbosacral muscle strain. Therefore, an increased rating for this condition is denied.

The Board has denied the veteran's claims for increased ratings for his low back disability, bipolar disorder, plantar fasciitis of the left foot, and macular hole in the right eye. The TDIU and nonservice-connected pension claims have also been denied.

The Board has granted service connection for GERD as secondary to PTSD and denied service connection for sleep apnea. The claim of reopening the left shoulder disorder was also granted, but the claim of reopening the skin disorder (lipoma) was denied.

The Board has determined that the veteran's low back disability warrants a higher evaluation than the current 40 percent, as his symptoms include severe limitation of motion and sciatica. The RO will continue to assign him a 40 percent rating for this condition.

The case is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's service-connected low back disability. The RO will also review the evidence to determine if an increased rating or TDIU is warranted.

The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling an examination. The veteran's claim for a compensable rating for his service-connected lumbosacral strain will be reconsidered after these steps.

The Board found that the veteran's pre-existing lumbosacral spine disability was not aggravated by his active service, and thus denied his claim for service connection.

The Board denied an increased evaluation for lumbosacral spine strain with mild scoliosis, finding that the veteran's symptoms were attributable to a congenital defect and obesity, not service.

The veteran's claims for service connection and increased rating for diabetes mellitus, as well as secondary service connection for hypertension, congestive heart failure, and sleep apnea are being remanded due to the need for additional VA examinations.

The Board denied service connection for PTSD due to lack of confirmed in-service stressors and current diagnosis. Service connection was also denied for lumbosacral strain as the condition is not related to service or a presumptive exposure basis.

The veteran's claims for higher initial ratings for her cervical and lumbar spine disabilities are being remanded to the RO for further development, including a VA examination.

The veteran's service-connected lumbosacral strain with degenerative joint disease is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or muscle spasm or guarding severe enough to result in abnormal gait or abnormal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. No incapacitating events have been shown.

The Board has granted the veteran's motion to advance his case on the Board's docket and remanded for compliance with instructions in the joint motion. The appeal is now before the RO for further development, including obtaining a medical opinion from a VA ophthalmologist.

The Board has denied the veteran's claims for service connection for lumbosacral strain and reflux disease, finding no evidence of a current disability related to her period of active service.

The Board denied an earlier effective date for the award of TDIU, finding that the veteran did not meet the schedular rating criteria for a finding of total disability due to service-connected disabilities prior to August 13, 1998.

The Board denied the veteran's claims for increased ratings for his left femur fracture with left knee disability, left hip arthralgia, and lumbosacral strain. The current ratings of 30 percent for each condition are maintained.

The Board of Veterans' Appeals (Board) denied the veteran's claim for a higher initial evaluation for his service-connected lumbosacral strain, currently evaluated as 10 percent disabling.