Sleep apnea decisions — 2001

The Board has denied the veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine, finding that the current 40 percent rating adequately compensates him.

The Board has granted a rating of 40 percent for the veteran's lumbosacral strain, effective as of the date of this decision.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and an increased rating for a lumbosacral strain, finding that his current conditions were not caused by or aggravated by his service-connected condition.

The Board denied the veteran's claims for an increased rating for his lumbosacral strain with degenerative disc and joint disease, as well as his claim for a TDIU based on his service-connected back condition. The RO provided multiple VA examinations to assess the severity of the veteran's disability.

The Board has determined that the veteran's cervical strain, lumbosacral strain, and residuals of left knee meniscectomy warrant initial disability ratings of 10 percent each. The veteran's service-connected conditions are not related to any specific exposure basis or presumption.

The veteran's claim for increased ratings for lumbosacral strain with degenerative disc disease of the lumbosacral spine was denied by the RO, and a compensable rating has not been granted.

The veteran's service-connected lumbosacral strain is rated at 20 percent, the highest available rating under VA regulations.

The veteran's service-connected disabilities are of sufficient severity to prevent him from engaging in substantially gainful employment, consistent with his educational attainment and occupational experience.

The veteran's low back disability is productive of severe limitation of motion and persistent symptoms of bilateral radiculopathy with characteristic pain, diminished ankle jerk, and an antalgic gait. The Board has determined that a 60 percent rating for chronic low back syndrome and scoliosis of the lumbosacral spine at L5, with traumatic arthritis is warranted.

The Board has dismissed the issue of whether the attorney's fee agreement is reasonable due to lack of subject-matter jurisdiction.

The veteran's back disability, which was aggravated by a fall and injury during VA treatment in 1989, is granted compensation benefits under the provisions of 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for a total disability evaluation based on individual unemployability (TDIU) in March 1989, finding that his combined disability rating of 80% did not render him totally unemployable. The decision is final.

The veteran is seeking service connection for sleep apnea as secondary to his service-connected deviated nasal septum and/or sinusitis. The RO has remanded the case for further development, including a comprehensive respiratory examination.

The Board denied the veteran's claim for an effective date prior to January 30, 1997, for the grant of service connection for retinitis pigmentosa.

The veteran's claims for increased ratings and TDIU were denied. The Board remanded the case, but the issues are now considered as resolved with a 10% rating assigned.

The Board granted an effective date of July 31, 1992 for the assignment of a compensable rating (10%) for the veteran's service connected lumbar spine disability. The Board also granted a 20% evaluation from February 3, 1994.

The veteran's claim for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities was denied. The RO confirmed the current evaluations of his eczematoid dermatitis (10%) and chronic lumbosacral strain with degenerative changes (40%).

The Board has granted a 20 percent evaluation for lumbosacral strain, effective from the date of the decision.

The Board found that the veteran's current lumbar degenerative disc and joint disease, with sciatic nerve condition of the left leg, was incurred in service. The March 1946 rating decision denying residuals of a pilonidal cystectomy is not considered clear and unmistakable error.

The veteran's tendinitis of the right rotator cuff, right PFJS, left PFJS, and lumbosacral strain are each rated at 10 percent.