Sleep apnea decisions — 2001

The Board has reopened the veteran's claim for pes planus due to new and material evidence submitted since the last denial. The issue of whether the veteran engaged in combat with the enemy during service is also addressed.

The Board has dismissed the veteran's appeal for a timely substantive appeal of the denial of an increased evaluation for status post ACL reconstruction of the right knee. The claims for higher ratings for PTSD, patellofemoral pain syndrome (left knee), and myofascial lumbosacral spine pain are still pending.

The Board denied the veteran's request for an earlier effective date of February 12, 1992, for service connection due to new and material evidence submitted in support of his reopened claim.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1, finding that the disability picture more nearly approximates moderate limitation of motion. The next higher rating under Diagnostic Code 5292 is warranted.

The Board has determined that the veteran's back and heart disorders are not service-connected as they did not manifest during active duty or within one year of separation, and there is no medical evidence linking these conditions to any inservice injury or disease.

The veteran's overpayment of VA compensation benefits was denied because recovery would not be against the principles of equity and good conscience.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbosacral strain with degenerative disc and degenerative joint disease, finding that it did not meet the criteria for a disability rating in excess of 40 percent.

The veteran is so nearly helpless that he requires the regular aid and attendance of another person, warranting special monthly pension based on need for regular aid and attendance.

The Board has determined that the veteran's retinitis pigmentosa is service-connected and grants a 100% evaluation effective from May 2, 2001.

The Board denied an increased rating for bilateral hearing loss and lumbosacral strain with degenerative changes, finding that the evidence did not warrant a higher evaluation.

The VA has granted an increased evaluation of 20 percent for DDD and DJD of the cervical spine, effective May 3, 1998. The veteran's claim for a higher evaluation for DJD of the lumbosacral spine is denied.

The Board finds that the veteran's current lumbosacral disc disease is related to her injury during reserve duty in June 1994, and grants service connection for this condition.

The Board has denied the veteran's claims for service connection for a cervical spine disability and a compensable evaluation for lumbosacral strain due to lack of new and material evidence, and because there is no clear medical opinion linking current low back symptoms to military service.

The Board denied reopening the claim of service connection for retinitis pigmentosa due to lack of new and material evidence, despite the veteran submitting a VA eye examination report and statements from medical professionals.

The veteran's claims for increased evaluations and a total rating based on individual unemployability were denied. The claim to reopen his lumbosacral spine disorder was also denied, as the new evidence did not meet the criteria for reopening.

The Board denied the veteran's claim for an earlier effective date prior to April 8, 1999 for a 50 percent rating for service-connected sleep apnea syndrome.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent prior to November 1, 2000, and no current compensable rating is warranted.

The Board has reviewed the veteran's claims for service connection for PTSD, sleep apnea, and a back condition. The RO denied these claims in their initial rating decisions. The appeal is now before the Board.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for further medical examination and development of records.

The Board finds that the veteran's service connection claims for an acquired psychiatric disorder, chronic prostatitis, and lumbosacral strain with spina bifida are denied as there is no current medical evidence definitively establishing these conditions or linking them to active service.