Sleep apnea decisions — 2001

The Board has determined that the veteran's low back disability, including spondylolisthesis and spondylolysis with degenerative changes, was not incurred in or aggravated by active service. The veteran's fibromyositis of the thoracic spine muscles is currently noncompensable as there are no current symptoms related to this condition.

The veteran's claim for an increased rating for lumbosacral strain with arthritis is granted. The claims of service connection for right hip and knee disability are reopened, but the new evidence does not establish service connection.

The Board has granted service connection for retinitis pigmentosa and set the effective date at June 1, 1992. The veteran was previously denied service connection multiple times but later filed a claim after VA issued a liberalizing opinion in March 1990.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, which reflects moderate pain with recurring attacks. The Board found that this condition does not warrant a higher rating as it does not meet the criteria for severe intervertebral disc syndrome or severe limitation of motion.

The veteran's service-connected deviated nasal septum is found to have caused or significantly contributed to the development of his current sleep apnea, warranting secondary service connection.

The veteran's major depression is rated at 70 percent effective from November 1998, and his patellofemoral pain syndrome of the knees are each rated at 10 percent effective from November 1998. The lumbosacral strain with herniated nucleus pulposus of the lumbar spine is rated at 40 percent effective from November 1998.

The Board denied the appellant's claim for an earlier effective date for service connection of retinitis pigmentosa, finding that the effective date should be October 21, 1996, one year prior to the receipt of his reopened claim. The decision is based on VA regulations and precedents regarding the effective dates for service connection.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and review of records.

The VA denied the veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes due to her service-connected disabilities, as well as her other nonservice-connected conditions. The RO found that she did not meet the percentage requirements for a combined rating of 70% or more.

The Board found that the veteran's degenerative disc disease did not begin during service or due to exposure to herbicides, and thus denied his claim for service connection.

The VA determined that the veteran's service-connected lumbosacral strain warrants a 10 percent evaluation, effective from February 20, 1996. The disability is characterized by pain on motion and does not meet criteria for higher evaluations.

The Board denied the veteran's claims for service connection for a back disability and dermatofibrosarcoma, finding no evidence of these conditions in service or after service. The claim for maxillary sinusitis was granted with a zero percent rating effective from September 1997.

The Board has determined that the veteran's lumbosacral strain warrants a 20 percent rating, and his tendinitis of both feet warrants a 20 percent rating.

The veteran's service-connected lumbosacral strain with bulging discs is currently rated at 60 percent, representing pronounced intervertebral disc syndrome.

The veteran's claim for a higher evaluation prior to March 28, 2000 was granted and he is now receiving the maximum disability rating of 60 percent.

The veteran's low back disability is currently rated at 40 percent, and the Board has granted an increased rating. However, he remains unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the veteran's claim for an effective date prior to August 18, 2000 for service connection of his retinitis pigmentosa. The RO's previous decisions denying service connection were final.

The Board has remanded the case for additional development due to a lack of adequate examination and consideration of all applicable regulations.

The Board denied the appellant's claim for basic eligibility for VA benefits, finding no new and material evidence to reopen his previously denied claim.

The veteran's service-connected chronic lumbosacral strain, spondylolysis of L-5, left degenerative disc disease at L4-5 and L5-S1 with old fracture of the right transverse process of L3 prevents him from securing and following a substantially gainful occupation.