Sleep apnea decisions — 2001

The veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need for additional development and consideration of new evidence.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses related to septal/nasal surgery is denied as he does not have a service-connected disability and the surgery did not alleviate his obstructive sleep apnea.

The Board has granted service connection for tinnitus and maxillary and ethmoid sinusitis with retro-orbital headaches and allergic rhinitis, but denied the other claims. The veteran's PTSD was granted a higher staged rating from June 6, 1998.

The Board is without jurisdiction to review the claim of entitlement to a rating in excess of 30 percent for osteoarthritis of the right hip, status post total hip replacement from March 1, 1997 due to lack of timely appeal. The veteran's claims for higher evaluations for his right shoulder disorder and scars have been adjudicated.

The Board has determined that the veteran is not in need of regular aid and attendance due to his multiple disabilities, as he can still perform most of his daily personal needs without assistance.

The veteran's claim for an earlier effective date for additional compensation based on dependency of a spouse and children is denied. The effective date for the award of additional compensation for the veteran's spouse was May 1, 1997.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the veteran's lumbosacral strain warrants a 10 percent rating, and his traumatic arthritis, small bones, left hand does not warrant a compensable rating.

The Board denied the veteran's claims for increased ratings and service connection, but granted a 20 percent rating for his lumbosacral strain.

The Board has granted a 60 percent rating for the service-connected lumbosacral strain, effective from March 1992. The veteran's claim for financial assistance in acquiring specially adapted housing or special home adaptation is referred to the RO for further action.

The Board has reopened the claim of entitlement to service connection for a chronic acquired psychiatric disorder including depression. The veteran's sleep apnea was not incurred in or aggravated by active service.

The Board denied the veteran's claims for service connection and effective date, finding that there was no clear and unmistakable error in a previous decision denying these conditions. The effective dates were set at March 2, 1995.

The veteran's skin condition, diagnosed as cutaneous mastocytosis with urticaria pigmentosa, has been rated at 30 percent disabling since the initial date of award in 1994.

The Board has granted entitlement to a total disability rating based upon individual unemployability effective from December 6, 1991.

The veteran's hospitalization from August 3, 1992 to October 7, 1992 was not due to the need for treatment of a service-connected disability. The VA did not find that any treatment for lumbosacral strain was instituted and continued during this period.

The Board found new and material evidence sufficient to reopen the claim for service connection for hypertension, but not for lumbosacral strain. The appellant's hypertension was diagnosed post-service, and his back problems were considered acute in service without residual disability.

The Board found that the veteran does not meet the criteria for special monthly compensation on account of loss of use of the right foot due to his service-connected conditions, as he can still walk for up to 10-15 minutes without assistance and there are no reported trophic or circulatory changes.

The Board has remanded the case to the RO for additional development due to new evidence and a request for a hearing.

The veteran's disabilities, including schizophrenia, diabetes mellitus, and lumbosacral strain, are so severe that he is unable to secure or follow substantially gainful employment. The Board finds the evidence at least in equipoise as to whether the veteran meets the criteria for a permanent and total disability rating for pension purposes.

The Board granted service connection for degenerative disc disease at L3-4, L4-5 and L5-S1 with lumbosacral strain and assigned a 20 percent disability rating.