Sleep apnea decisions — 2000

The veteran's Arnold-Chiari malformation, skin cancer on the left ear, and sleep apnea were not incurred in or aggravated during his active military service. Service connection was denied for these conditions.

The veteran's claims for service connection are partially granted, with an effective date of March 20, 1992. The RO denied the earlier effective date requested and awarded a 40% evaluation for arthritis of the lumbosacral spine.

The veteran's appeal has been withdrawn before the Board could make a decision.

The Board denied the veteran's claim of service connection for lumbosacral strain, finding no evidence of a chronic disability during service and insufficient evidence linking his current condition to any incident of service.

The veteran is seeking restoration of his previously assigned disability ratings for lumbosacral strain and surgical scar due to diskectomy. The RO reduced these ratings, and the Board has determined that further evaluation is necessary before making a decision.

The VA determined that the veteran's lumbosacral strain does not warrant a higher initial rating than the current 20 percent assigned since her symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has determined that the veteran's sleep apnea was incurred during active duty service and granted service connection. The claim of entitlement to service connection for vertigo is denied as there is no current evidence of true vertigo.

The Board granted service connection for migraines, hypertensive coronary artery disease, sleep apnea, hiatal hernia with reflux, and prostatitis. The veteran was assigned a 10 percent rating for migraines, a 50 percent rating for sleep apnea, and a noncompensable rating for the other conditions.

The Board has determined that the veteran's claims for service connection for right knee disability and sleep apnea are not well-grounded, as there is no medical evidence linking these conditions to his military service. The claim for compensation pursuant to 38 U.S.C.A. § 1151 for sleep apnea based on VA treatment in 1986 is also denied.

The Board found that the veteran's skin disorder and obstructive sleep apnea are not related to his service in the Persian Gulf War, as they were attributed to known clinical diagnoses.

The Board denied the veteran's claims for increased ratings and TDIU, but granted an earlier effective date for his 40 percent rating for lumbosacral strain with degenerative changes.

The veteran's service-connected disabilities, including postoperative residuals of a fracture of the right knee and arthritis of the hips, render him unable to obtain and maintain any form of substantially gainful employment consistent with his education and industrial background. His right knee disability is currently rated at 20 percent.

The Board has determined that the veteran's lumbosacral strain with spondylolysis does not warrant an evaluation in excess of the current 20 percent.

The veteran's claim for an earlier effective date for a permanent and total disability rating for nonservice-connected pension benefits was denied as he did not meet the criteria for unemployability due to his disabilities prior to January 1, 1996.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine does not warrant an evaluation in excess of 10 percent, as there is no objective medical evidence of moderate intervertebral disc syndrome or severe limitation of motion.

The Board has found that the veteran's lumbosacral spine arthritis is aggravated by his service-connected left ankle fracture, and thus grants service connection for this condition. The claim for an increased rating for the left ankle fracture remains pending as a higher rating is not granted.

The Board has granted a 30 percent evaluation for asthma, to include sleep apnea, effective from May 22, 1997. The other issues remain unresolved.

The veteran's skin condition is attributed to a known diagnosis and not due to an undiagnosed illness.,Hair loss is presumed due to an undiagnosed illness, but the claim is denied as it does not meet the criteria for service connection under presumptive provisions.

The Board denied the veteran's claims for service connection for tarsal tunnel syndrome of the left foot and an increased rating for her lumbosacral strain with limited motion, finding no well-grounded claim presented. The effective date for the current disability ratings remains unchanged.