Sleep apnea decisions — 2000

The veteran's appeal involves two issues: whether she is entitled to a higher evaluation for her service-connected lumbosacral strain with arthritis before August 2, 1999 and whether she is entitled to a higher evaluation from that date forward. The case was remanded multiple times due to incomplete development of the evidence.

The veteran is seeking an increased rating for his service-connected lumbosacral strain with radiculopathy, currently rated at 40 percent. The Board has determined that additional development and adjudication are needed due to the lack of consideration of DeLuca factors in the previous examination report.

The Board denied the veteran's claims for ratings in excess of 10 percent each for residuals of lumbosacral strain and post-concussion syndrome with headaches, finding that the evidence did not meet the criteria for a higher rating.

The Board denied an initial compensable evaluation for a submucosal nodule of the esophagus, finding no functional impairment due to this condition and associating symptoms with non-service connected rhinitis.

The Board denied the veteran's claims for service connection for sleep apnea, COPD, and coronary artery disease as secondary to exposure to Agent Orange. The evidence did not support a finding that these conditions were related to Agent Orange exposure.

The Board determined that the veteran's service-connected low back disability, which is manifested by protruded right fifth disc with lumbosacral strain and has been rated at 20 percent since 1980, does not warrant an evaluation in excess of this rating due to lack of significant symptoms related to the condition. The examiner concluded that most of the veteran's reported pain and weakness are secondary to his stroke.

The Board has granted a rating of 60 percent for the service-connected lumbosacral spine disability, effective from May 4, 1989. The veteran's claim for an earlier effective date was denied. Service connection for chronic skin disorder and recurrent swelling of upper extremities is not supported by evidence.

The Board denied increased disability ratings for the veteran's service-connected lumbosacral strain and joint space narrowing of both knees, finding that the evidence did not meet the criteria for a higher evaluation.

The veteran's claim for a clothing allowance is denied as the service-connected disabilities do not qualify under VA regulations.

The Board denied the veteran's claims for service connection for various gastrointestinal, respiratory, and neurological disorders, finding that they were not incurred or aggravated by his military service.

The Board found no clear and unmistakable error in the September 1983 decision that established service connection for lumbosacral strain with a 10% evaluation, but did not address the veteran's claim regarding his laceration to the back/buttocks area. The appeal was denied.

The case is being remanded for further action regarding the reopening of a claim for service connection for chronic back strain and the entitlement to service connection for lumbosacral degenerative disc disease.

The Board has determined that the reduction in rating from 40 percent to 20 percent for service-connected lumbosacral strain was not warranted due to inadequate examination findings.

The VA determined that the veteran's additional disability of the lumbosacral spine was not caused by VA medical treatment in 1992, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's degenerative arthritis and lumbosacral strain are not related to his service-connected conditions, leading to a denial of both claims for service connection and increased rating.

The veteran's cervical spine disability is rated at 40 percent since September 1, 1998.

The Board of Veterans' Appeals (Board) denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease of the lumbar spine and radiculopathy. The Board also found that there was no evidence to support a secondary service connection for depression.

The Board denied the veteran's claims for higher evaluations of his service-connected conditions, including hypertension and right eye disability. The lumbosacral strain claim was partially granted with a 10 percent evaluation from August 30, 1996 to October 30, 1998, and a 40 percent evaluation thereafter.

The Board has granted service connection for lumbosacral strain and assigned a 10 percent evaluation effective March 25, 1993. The veteran's claim of entitlement to an earlier effective date is denied.

The veteran's arthritis of the right knee, left knee, and right shoulder are all service-connected.,Increased ratings for arthralgia of the right knee and left knee have been granted.