Sleep apnea decisions — 2001

The veteran's appeals for increased ratings were denied. The right knee condition is rated as 10 percent disabling, with a separate rating of 10 percent for DJD. Lumbosacral strain is also rated at 10 percent.

The veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has determined that the appellant's lumbosacral spine degenerative disc disease with L4-5 laminectomy residuals is currently rated at the maximum schedular evaluation of 60 percent, and thus no higher rating can be granted under any other criteria. The appeal for an increased disability evaluation is denied.

The veteran's service-connected right patellar tendinitis and lumbosacral strain were granted increased ratings, while the other conditions remained at their current levels. The veteran's hypertension was also granted an increased rating.

The veteran's claims for increased ratings for his degenerative changes of the lumbosacral spine and left shoulder have been granted, with a rating of 20 percent effective October 24, 1995. The claim for an increased rating for arthritis of multiple joints remains in appellate status.

The veteran's appeal has been withdrawn before the Board could make a decision. The issues of entitlement to automobile and adaptive equipment, an earlier effective date for service connection, and temporary total disability rating have not proceeded.

The Board has determined that the appellant's low back disability warrants a 40 percent evaluation, which is the highest rating available under Diagnostic Code 5293 for intervertebral disc syndrome. The evidence does not support a higher rating as there is no pronounced level of disability required for a 60 percent rating.

The Board has remanded the case due to questions about the scope and severity of the veteran's service-connected lumbosacral disability, including whether it involves his left lower extremity. A new VA examination is required.

The Board has determined that further medical evaluation and clarification is needed before the claim for an increased evaluation for lumbosacral strain can be decided.

The veteran's claim for special monthly pension by reason of being housebound is denied as he does not meet the criteria for housebound benefits due to his ability to leave his home and perform basic self-care activities.

The Board denied increased ratings for chronic lumbosacral strain and hypertension.

The Board finds that the veteran's dysthymic disorder is currently productive of virtual isolation in the community, with total incapacitating symptoms resulting in his total inability to obtain or retain employment.

The veteran's cervical spine disability is rated at 40 percent, effective June 2, 1995. The lumbar spine disability remains at a 40 percent rating from the same date. The dorsal spine and right knee disabilities are both rated at 10 percent.

The Board has granted the veteran's request to reopen his claim for service connection for depression and remanded the case for further development, including a VA examination. The claims for increased rating for lumbosacral strain and total rating based on individual unemployability due to service-connected disabilities are also being remanded.

The veteran's claim for an increased rating for his service-connected back disorder was granted with an effective date of June 15, 2000.

The Board found that the March 1976 rating decision denying service connection for retinitis pigmentosa was not clearly and unmistakably erroneous. The RO's January 1991 denial of reopening the claim due to lack of new and material evidence is upheld.

The Board has remanded the case for further examination and opinion regarding whether the veteran's current back disorders are related to his service in March 1945.

The veteran's service-connected low back disability does not preclude him from securing and maintaining substantially gainful employment.

The Board's decision of December 1999 awarded a 10 percent disability rating for lumbosacral strain with arthritis at L5-S1. The motion to revise this decision based on clear and unmistakable error (CUE) was dismissed without prejudice.

The Board has determined that the veteran's service-connected neck and low back disorders do not warrant increased ratings as they are currently evaluated.