Sleep apnea decisions — 2000

The Board has determined that the veteran incurred narcolepsy in service and grants service connection for this condition.

The Board denied an increased evaluation for postoperative residuals of a left inguinal hernia and arthritis of the lumbosacral spine, finding that there was no objective evidence of current disability.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including orthopedic and neurologic examinations.

The VA Board found that the veteran's lumbosacral strain is manifested by characteristic pain on motion, fatigability, weakness, and spasm. The disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Board found that the veteran's claim for service connection for a low back disorder, including spondylolisthesis of L5 and lumbosacral strain, is not well grounded.

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and increased ratings for his service-connected disabilities. The claim for service connection was not addressed, while the claims for increased ratings were both denied.

The Board has dismissed the claims for increased initial ratings for hiatal hernia and migraine headaches, as well as entitlement to service connection for injury to the right leg, exposure to asbestos, exposure to Chernobyl (ionizing radiation), and arthritis of the wrists and elbows due to a failure to timely file a substantive appeal.

The Board denied the veteran's claims for higher initial evaluations for his service-connected lumbosacral strain and tendonitis, left shoulder. The RO assigned a 20 percent evaluation for the lumbosacral strain.

The veteran withdrew his appeal before the Board could make a decision. As a result, the case is dismissed without prejudice.

The Board denied the veteran's claims of service connection for degenerative joint disease with spondylolisthesis, a skin disorder including fatty tumors secondary to exposure to herbicides, and PTSD. The evidence did not support a finding that these conditions were related to his military service.

The Board has granted an increased rating to 40 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine, which was previously rated at 20 percent.

The RO denied service connection for a low back disability on the basis that no chronic low back disorder was shown by the evidence of record. The veteran's claim has not been reopened due to lack of new and material evidence.

The Board has determined that the veteran's claim for service connection for residuals of a low back injury is well-grounded and remanded for further development.

The case is being remanded for additional development, including a comprehensive VA orthopedic examination and review of the veteran's medical records.

The Board denied an earlier effective date for a 40 percent disability evaluation for lumbosacral strain, finding that the criteria were not met prior to May 28, 1999.

The Board denied service connection for chronic lumbosacral strain and ulcer disorder in August 1997. The veteran appealed, and the Court ordered a remand of the lumbosacral strain claim. In February 2000, the RO granted service connection for chronic lumbar strain with degenerative disc disease at L4-L5 and L5-S1, with a 20% rating effective December 17, 1993. The attorney is eligible to receive 20% of past-due benefits awarded to the veteran from December 17, 1993 to February 29, 2000.

The Board denied the veteran's claims for service connection for arthritis of the cervical spine and sleep apnea, finding no competent medical evidence linking these conditions to his military service. The claim for an increased rating for gastric ulcer disease was also denied.

The Board denied the veteran's claims for an initial rating in excess of 10 percent and an increased rating for his service-connected chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board denied the veteran's claim for an evaluation in excess of 10 percent for his service-connected lumbosacral strain, finding that the disability has been manifested by tenderness and mild limitation of motion without more significant pathology.

The veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including increased ratings for his service-connected disabilities and secondary service connection for a left hip disability.