Sleep apnea decisions — 2000

The Board denied the veteran's claims for service connection and disability ratings, finding that he did not submit timely substantive appeals or NODs on several issues. The appeal was dismissed.

The Board denied the veteran's claims for service connection for a cardiovascular disability, an increased rating for adjustment disorder with bulimia nervosa, and an increased rating for ovarian cysts. The decision found no current evidence of a cardiovascular disability or any nexus between the claimed conditions and service.

The Board found no evidence of exposure to herbicides during service and could not establish a well-grounded claim for service connection based on presumed exposure. The veteran's skin and eye conditions were not shown to be related to his military service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain was denied by the RO, and no new evidence or changes in circumstances were provided to reopen the case.

The VA has determined that the veteran's lumbosacral strain does not warrant a rating higher than 10 percent, as there is no evidence of more severe impairment.

The Board denied the veteran's request for an earlier effective date of October 31, 1997, for service connection granted in January 1998 due to lack of evidence showing sleep apnea prior to that date.

The Board denied the veteran's claim for a rating in excess of 20 percent for lumbosacral strain, finding that her symptoms did not meet the criteria for a higher evaluation.

The veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The veteran's service-connected low back disability is currently rated at 40 percent, the maximum rating available under the applicable diagnostic codes. The evidence does not support a higher rating as his condition does not meet the criteria for more severe intervertebral disc syndrome or other conditions warranting an increased rating.

The Board denied the veteran's claim for a temporary total disability rating based on need for convalescence following lumbar disc surgery in October 1995, as the surgery was not for treatment of a service-connected condition.

The Board has granted an increased rating to 40 percent for the veteran's service-connected chronic lumbosacral strain, finding that it is analogous to severe limitation of motion.

The Board has determined that the veteran's service-connected chronic lumbosacral strain and hypertension do not warrant increased evaluations beyond their current ratings.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain with stabilizing metal rods at L3-4, finding that his disability is currently manifested by arthritis and no more than severe limitation of motion and severe lumbosacral strain. The maximum allowable rating under the applicable VA Schedule for Rating Disabilities was already assigned.

The Board finds that the veteran's service-connected lower back disability warrants a 20 percent rating, based on moderate limitation of motion.

The veteran's service-connected coronary artery disease and other disabilities render him unable to attend to his daily needs without the assistance of another person, meeting the criteria for special monthly compensation based on the need for regular aid and attendance.

The Board has determined that there is no competent medical evidence linking the appellant's current knee, shoulder, and lumbosacral strain disorders to his military service. The claims are therefore denied.

The Board has determined that the veteran's service-connected lumbosacral strain and spondylolysis, L5 do not warrant a higher rating as they are not able to be rated due to his nonservice-connected paralysis.

The Board granted a rating of 40 percent for chronic lumbosacral strain, effective January 12, 1987.

The veteran's overall disability evaluation was increased from 20 percent to 50 percent, with the lumbosacral strain issue being rated at 20 percent and both knee issues remaining at 10 percent. The decision denied all claims for higher ratings.