Sleep apnea decisions — 2000

The Board denied the veteran's claim for an effective date prior to May 23, 1994 for a 40 percent evaluation for his service-connected lumbosacral strain. The decision stated that there was no evidence of entitlement to an earlier effective date based on medical records from before May 23, 1994.

The veteran's claims for increased disability ratings and individual unemployability are being remanded due to the need for additional development of evidence.

The Board has denied the veteran's claims for service connection for various conditions, finding that there is no evidence to support a plausible claim for any of these conditions.

The veteran's service-connected lumbosacral strain did not result in a serious employment handicap, and thus he is not entitled to an extension of his basic period of eligibility for receiving vocational rehabilitation training under Chapter 31.

The Board found that the veteran's lumbosacral strain did not warrant a rating higher than 20 percent, effective from January 4, 1993 through June 30, 1999.

The veteran's claim for increased ratings for his service-connected DDD of the lumbosacral spine and rheumatoid arthritis involving the sacroiliac joints was granted, with a maximum rating of 60 percent for DDD and no compensable rating for rheumatoid arthritis.

The Board denied the veteran's claims for service connection for bilateral pes planus and a compensable rating for lumbosacral strain, finding that her claims were not well-grounded.

The veteran's claims for increased ratings and SMC have been granted. The rating for the lumbosacral spine has been increased to 60 percent, effective from January 23, 1979, with a separate 60 percent rating for the neurogenic bladder since that date.

The Board denied the veteran's claims for increased evaluations of his right and left knee disabilities, as well as a compensable evaluation for his bilateral tinea infection. The claim to reopen his heart disorder was also denied.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, including left and right ankle sprains and lumbosacral strain. The claims are therefore denied.

The Board has granted an increased rating to 20 percent for the veteran's service-connected low back disorder, effective from the date of the decision.

The Board found no evidence linking the veteran's service-connected PTSD to his death by homicide, thus denying the claim for service connection for the cause of the veteran's death.

The veteran's service-connected traumatic arthritis of the lumbosacral spine, left hip, right knee, and left knee with fracture of the femur were all evaluated as 10 percent disabling. The noncompensable evaluation for the lumbosacral spine was increased to 20 percent effective April 2, 1998.

The Board has granted service connection for lumbosacral herniated nucleus pulposus and residuals of a left little finger injury, but denied the claims for higher initial ratings. The veteran's lumbosacral herniated nucleus pulposus is currently rated as 10 percent disabling, while his residuals of a left little finger injury are rated as noncompensable.

The veteran's service-connected epididymitis with cyst is rated at 10 percent, lumbosacral strain at noncompensable, and left knee disability at 20 percent. The appeal for increased ratings is granted in part.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 for loss of sense of smell, and remanded the remaining issues on appeal to the RO for additional development.

The veteran's claim for an increased rating for residuals of a low back injury from 20 percent disabling is being remanded due to the need for another VA examination.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for residuals of a low back injury, including degenerative disc disease of the lumbar spine. The claim is well-grounded as there is current disability of the low back.

The veteran's claim for an increased rating for lumbosacral strain is denied as the evidence does not show that his condition warrants a higher rating.

The Board has determined that the appellant did not file an adequate substantive appeal regarding their claim of entitlement to service connection for lumbosacral strain, and thus lacks jurisdiction to consider this issue.