Sleep apnea decisions — 2001

The Board denied the veteran's claims for service connection and effective dates for his left shoulder disability, chronic synovitis of the left elbow, and myofascial pain syndrome of the lumbosacral spine. The RO must review these claims again with consideration of the Veterans Claims Assistance Act of 2000.

The veteran's severe back disability, along with other conditions, meets the criteria for special monthly pension benefits due to the need of regular aid and attendance.

The Board found that the August 1981 rating decision was clearly and unmistakably erroneous in denying service connection for retinitis pigmentosa, as there was no specific finding indicating the increase in disability was due to natural progression of the disease.

The veteran's low back disorder, rated at 20 percent for moderate limitation of motion and minimal neurological impairment, is not entitled to a higher evaluation as the disability picture does not more nearly approximate the criteria for any higher rating.

The VA denied an increased rating for the veteran's service-connected degenerative joint disease of the lumbosacral spine, currently rated at 40 percent.

The veteran's service-connected lumbosacral strain is currently rated at 20 percent, and the Board has determined that a higher evaluation of 40 percent is warranted due to severe functional impairment.

The Board granted service connection for degenerative joint disease of the lumbosacral spine effective from December 18, 1989. The RO increased the rating to 40 percent in October 1998.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent.

The Board has denied the veteran's claims of service connection for sleep apnea and chronic respiratory/pulmonary disability, variously diagnosed as asthma, emphysema, and chronic obstructive pulmonary disease. The case is being remanded to complete necessary development.

The veteran is seeking service connection for fibromyalgia, which he claims is secondary to his service-connected lumbosacral strain. He also seeks an increased evaluation for his lumbosacral strain and TDIU benefits.

The Board denied the veteran's claims for effective dates earlier than March 21, 1997 and July 10, 1995 for service connection and increased ratings for his back disorder and bilateral hearing loss, respectively.

The Board has remanded the case to the RO for further proceedings, including arranging for a medical examination and obtaining clarifying opinions on the veteran's service-connected disabilities and their impact on his ability to work.

The January 1945 RO decision denied service connection for retinitis pigmentosa, concluding that the condition pre-existed military service and was not aggravated by service. The veteran did not appeal this decision.

The veteran's claim for an increased rating for lumbosacral strain was granted, and his service connection for polymyoclonus was granted with a retroactive effective date of September 8, 1995.

The Board has denied the veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain, currently rated at 20 percent.

The VA determined that the veteran's chronic lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The Board found no evidence of pronounced intervertebral disc syndrome or persistent symptoms compatible with sciatic neuropathy.

The veteran's low back disability, characterized by pronounced intervertebral disc syndrome with radiculopathy and other symptoms, has been rated at 60 percent.

The Board found that the veteran's conditions, including trigeminal neuralgia, multiple sclerosis (MS), arthritis of the lumbosacral spine, and peripheral neuropathy, were not incurred during military service as a result of herbicide exposure.

The veteran's claim for a higher initial disability rating for his lumbosacral spine condition was denied as the evidence did not support a higher evaluation.

The Board has determined that the reduction of the veteran's lumbosacral strain evaluation from 40 percent to 20 percent was proper and denied his appeal.