Sleep apnea decisions — 2000

The veteran's claim for a higher rating for his service-connected mechanical back pain is being remanded due to the need for further examination and opinion regarding the degree of impairment attributable to this condition.

The veteran's DJD of the lumbosacral spine with pain on motion and X-ray involvement of the thoracic spine was rated at 10 percent prior to October 28, 1998.,From October 28, 1998, the veteran's DJD of the lumbar spine with limitation of motion is rated at 20 percent.,The veteran's DJD of the thoracic spine remains rated at 10 percent.

The veteran's TDIU was granted effective March 16, 2000. The RO found that the veteran had met the schedular criteria for consideration of a TDIU claim and there was evidence of current service-connected unemployability in his claims file.

The Board has determined that the appellant's service-connected disabilities do not warrant an increased disability evaluation for lumbosacral strain, status post laminectomy or tinea pedis. The combined effect of these conditions does not meet the criteria for a total disability evaluation based on individual unemployability.

The Board has determined that the veteran's retinitis pigmentosa first manifested during his military service and is not attributable to pre-existing conditions. Therefore, service connection for this condition is granted.

The Board has granted a rating of 30 percent for the service-connected postoperative residuals of a right knee injury and has granted an effective date of February 13, 1997. The Board also found that the veteran is entitled to an effective date of February 13, 1997 for a 40 percent evaluation for lumbosacral strain.

The Board has affirmed the denial of a permanent and total disability evaluation for pension purposes, citing incomplete evaluations of non-service-connected disabilities.

The veteran's claim for a rating in excess of 40 percent for his service-connected low back disorder (status post L2-L3 laminectomy) was granted by the RO. The effective date is not specified.

The Board has denied the veteran's claims for service connection for asthma and an increased rating for her degenerative joint disease of the lumbosacral spine. The appeals are both denied.

The Board has granted an effective date of May 14, 1987 for the grant of service connection for lumbosacral strain. The claim for specially adapted automobile or to automobile adaptive equipment is denied due to the veteran's failure to report for a scheduled examination.

The veteran's claims for a higher rating and total disability due to service-connected low back disability are granted. The veteran is rated at 60 percent for his service-connected lumbar condition, effective February 23, 1994.

The Board has restored the veteran's previous 50% evaluation for obstructive sleep apnea syndrome, finding that reduction to a 30% evaluation was not proper.

The veteran's nonservice-connected disabilities, including chronic lumbosacral strain and chronic bronchitis with pneumonia, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has denied the veteran's claim for service connection for residuals of a back injury, finding that there is no competent medical evidence linking his current degenerative disc disease to an in-service lumbar strain.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5293.

The VA denied the veteran's claim for a compensable evaluation for his service-connected lumbosacral strain, finding that the disability did not meet the criteria for any higher rating.

The Board has determined that there is no service connection for the claimed residuals of a fall, including left knee, left hip, right shoulder conditions, compression fracture of T-12, and arthritis of the lumbosacral spine. The veteran's conditions are not related to an incident of service or to a service-connected disability.

The veteran's hiatal hernia with esophagitis and duodenitis was granted a 60 percent rating effective from the date following discharge. The lumbosacral strain with L4 spondylosis received a 20 percent rating, also effective from the date following discharge. The hypertension (HTN) was granted an increased rating to 30 percent.

The veteran's appeal is being remanded for additional development, including new psychiatric and orthopedic examinations to assess the severity of his service-connected PTSD and low back disability. The RO will also review the claims folder to ensure all necessary evidence has been obtained.

The Board has granted service connection for sleep apnea as secondary to the veteran's service-connected post-operative dislocated septal cartilage of the nose with epistaxis. The rating for the service-connected nasal condition remains at 30 percent.