Sleep apnea Board decisions

The Board denied service connection for sleep apnea and found a 10 percent disability rating was warranted for pleural thickening, both lungs, residual asbestos exposure prior to February 26, 2004. The Board also found no higher ratings were warranted thereafter.

The Board denied a higher rating for the veteran's service-connected residuals of lumbosacral fusion, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board denied the veteran's claim for a disability rating in excess of 10 percent for his service-connected lumbosacral strain, finding that there was no evidence of ankylosis or other significant impairment warranting a higher rating.

The veteran has withdrawn his appeals for a higher rating on the lumbosacral spine disability and service connection for a cervical spine disability, to include on a secondary basis. As such, these issues are dismissed.

The Board denied a rating higher than 60 percent for the veteran's service-connected lumbosacral strain, finding that the evidence did not show unfavorable ankylosis of the spine or residuals of vertebral fracture.

The Board denied the veteran's claims for increased ratings for his service-connected internal hemorrhoids and duodenal ulcer, mucosas colitis. The issues regarding bilateral hearing loss disability and tinnitus were also addressed but not decided as they are related to new evidence or lack of service connection.

The veteran's claims for increased ratings for lumbosacral strain and tinea cruris were denied, as the evidence did not support a higher rating based on limitation of motion or other criteria. The claim for service connection for a left ear disability was not addressed in this decision.

The veteran's claim for service connection for constipation was reopened and granted. A rating of 10 percent was assigned for low back strain prior to September 26, 2003, and a separate 10 percent rating was assigned for dorsal spine limitation of motion during the same period. The veteran is now rated at 20 percent for thoracolumbar strain from September 26, 2003 onwards.

The veteran's service-connected PTSD resulted in considerable impairment of social adaptability and interactions with others, including problems with irritability, depression, and the desire to isolate. The Board found that a 50 percent evaluation was warranted for this period.

The Board has granted an increased rating of 20 percent for the veteran's left knee injury residuals with degenerative arthritis, effective from February 25, 2004. The lumbosacral strain with degenerative arthritis is rated at 40 percent since February 25, 2004.

The case is being remanded for additional development, including a VA examination and adjudication of the service connection claim.

The Board has granted an increased rating of 40 percent for lumbosacral strain with degenerative disc disease from March 27, 2003 to the present.

The Board has remanded the case for a travel board hearing and further development. The veteran's appeal is not yet decided.

The Board finds that the veteran's dysthymic disorder is secondary to his service-connected lumbosacral strain and grants service connection for this condition.

The Board denied the veteran's claims for earlier effective dates for service connection for obstructive sleep apnea and TDIU rating, finding that there was insufficient evidence to support a claim prior to March 26, 1999.

The veteran's appeal is being remanded due to the need for a clarification of his hearing preference and scheduling of an appropriate Board hearing.

The Board denied the veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbosacral spine, finding that his symptoms did not meet or approximate the criteria for a higher evaluation under either the old or new rating criteria.

The veteran's initial ratings for degenerative disc disease of the lumbosacral spine were granted and maintained at 10% from July 17, 2001, to September 25, 2003, and increased to 20% thereafter. The rating for S-1 nerve root irritation affecting the right lower extremity was also granted.

The Board granted the appellant's claims for increased ratings for lumbosacral strain, right knee disability, and left knee disability. The skin condition of the hands and buttocks and furunculosis of the buttocks and groin were not addressed as they are pending issues.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The issues are an increased rating for chronic lumbosacral strain and service connection for intervertebral disc syndrome or other radiculopathy.