Sleep apnea decisions — 2000

The Board has granted an increased evaluation of the veteran's lumbosacral strain to 20 percent, effective from June 1998. The cervical spine condition remains at a 10 percent rating.

The Board dismissed the motion seeking to review a November 1997 decision denying service connection for sleep apnea due to the withdrawal of the motion before a final decision was made.

The Board has determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 10 percent, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The veteran's claims for increased evaluations for lumbosacral strain and left knee meniscectomy with degenerative changes were denied as the veteran failed to report for scheduled VA examinations without good cause.

The Board found that the veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain is not well grounded because he is already at the maximum disability rating under the current criteria.

The Board denied the veteran's claims for increased ratings and service connection, finding that his symptoms did not warrant a rating greater than 40 percent for his lumbosacral spine disability or that new evidence had been submitted to reopen his claim of service connection for a nervous condition.

The Board of Veterans' Appeals (BVA) found that the veteran's claim for service connection for sleep apnea was not well-grounded and denied it.

The veteran's appeal has been dismissed due to his death.

The Board found that the veteran's death was not caused by any service-connected condition, and thus denied both his claim for service connection for the cause of death and his DIC claim under 38 U.S.C.A. § 1318.

The Board denied service connection for post-traumatic stress disorder, sleep apnea, and a skin disorder of the feet. The veteran's claims were not well-grounded as there was no evidence supporting these conditions being incurred in or aggravated by service. Service connection for the skin disorder of the feet was also denied due to lack of pre-service diagnosis and absence of aggravation during service.

The Board denied the veteran's claim for an effective date earlier than October 28, 1997 for the grant of service connection for lumbosacral strain with degenerative joint disease.

The veteran's PTSD is rated at 100 percent effective October 7, 1995. The left hip disability and lumbosacral strain are both rated at their maximum allowable evaluations.

The veteran's claim for an increased rating for his service-connected residuals of a fibrosarcoma of the right groin is being remanded due to insufficient evidence and need for further examination.

The Board granted service connection for lumbosacral strain with mild L5 disc disease, rated at 10 percent effective May 1, 1991.

The Board has determined that the veteran's claims for increased ratings for his service-connected arthritis of the lumbosacral spine, cervical spine, and pes planus of the left foot with corrected congenital clubfoot are not supported by the evidence presented.

The veteran's claim for a disability rating in excess of 60 percent for his spondylolisthesis L5 with lumbosacral strain is denied.

The Board denied the veteran's claims for service connection and an increased rating, finding no competent medical evidence linking her current arthritis to military service or a pre-existing condition.

The Board has granted a 40 percent rating for the veteran's lumbosacral strain with arthritis, which is the highest schedular rating available under Diagnostic Codes 5292 and 5295.

The Board dismissed the appeals of the veteran's claims for increased disability ratings and a total rating based on individual unemployability due to service-connected disabilities, as well as her claim for a compensable disability evaluation for herpes simplex. The veteran withdrew her appeal regarding these issues.

The veteran's claim for an increased evaluation of his service-connected lumbar strain is under review. Additionally, the issue of whether he should be granted service connection for a secondary disability involving disc disease in his lumbosacral spine is also pending.