Sleep apnea decisions — 2000

The Board has determined that the appellant's service connection claim for residuals of a low back injury, including lumbosacral strain, is granted as his current complaints of low back pain are linked to an inservice injury and diagnosis.

The veteran's service-connected PTSD contributed substantially to his death, and he is entitled to DIC benefits under the provisions of 38 U.S.C.A. § 1310.

The VA determined that the veteran's herniated nucleus pulposus at L5-S1 with lumbosacral strain did not warrant a rating higher than 40 percent.

The Board found that the veteran's low back pain and lumbosacral strain were incurred during his active service.

The Board has restored a 20 percent rating for the veteran's chronic lumbosacral strain, which was previously reduced to 10 percent. The evidence supports this decision as it shows moderate limitation of motion and pain with motion.

The veteran's service-connected lumbosacral strain is not shown to be of such a nature and severity as to preclude employment consistent with his education and occupational experience.

The Board denied the veteran's claims for service connection of a left knee disorder and an increased rating for lumbosacral strain with spondylosis at L5-S1, finding no new and material evidence to reopen the left knee claim and determining that the current 20 percent disability rating for lumbosacral strain is appropriate.

The Board has granted a 40 percent disability rating for service-connected residuals of lumbosacral surgery effective August 3, 1996. The claim for an earlier effective date for the 60 percent rating is denied.

The Board denied the claim of service connection for impetigo of the chest in August 1962, and found no new and material evidence to warrant reopening the claim. The veteran's PTSD was rated at 10% initially.

The veteran's service-connected low back disability was rated at 20 percent prior to January 27, 1999 and denied for an increased evaluation.

The veteran's claims for increased disability ratings for his service-connected right ankle fracture residuals and lumbosacral strain with degenerative arthritis were denied as the veteran failed to report for a scheduled VA examination.

The Board has determined that the veteran's claims for service connection for lumbosacral strain and hypertension are well grounded. The claims for increased evaluations of fracture residuals of the right third digit of the hand, left little finger, and multiple noncompensable service-connected disabilities have been deferred pending resolution of this appeal.

The Board found that the appellant's back disability was not incurred or aggravated during active military service and denied his claim for service connection.

The Board denied the veteran's claims for higher initial disability evaluations for his service-connected deviated nasal septum, degenerative disc disease of the lumbosacral spine, and degenerative osteoarthritis of the right hip. The maximum schedular ratings were already assigned.

The VA determined that the appellant's low back disability is currently rated at 20 percent, but did not grant an increased evaluation.

The Board dismissed the veteran's appeal as his substantive appeal was not filed within the required time frame.

The Board denied the veteran's appeals for service connection for bilateral hearing loss and a mouth condition. The claims for sebaceous cysts with acne rosacea, miliaria rubra, tinea corporis, prurigo nodularis, and folliculitis were well grounded. The claim for Reiter's syndrome/polyarthralgia was also well grounded. However, the claims for bilateral leg pains due to fractures and back pain other than Reiter's syndrome/polyarthralgia were not well grounded.

The Board has determined that the veteran's chronic lumbosacral strain does not meet or approximate the criteria for a rating in excess of 10 percent, as there is no evidence of moderate limitation of motion or intervertebral disc syndrome with recurring attacks.

The Board denied the appellant's claims for service connection for lumbosacral strain and left hip piriformis syndrome, as well as her claim for an increased evaluation for adjustment disorder secondary to history of assault. The VA found that there was no evidence linking these conditions to the appellant's period of active duty.

The veteran's right knee and femur injuries have been granted service connection, with the spondylosis of the lumbosacral spine being found to be aggravated by these conditions. The right knee is currently rated at 20 percent disabling, while the right femur fracture remains at 10 percent.