Sleep apnea decisions — 2001

The Board denied the veteran's claim for service connection for retinitis pigmentosa, finding no clear and unmistakable error in the January 1984 rating decision. The effective date of the grant of service connection was not earlier than June 7, 1999.

The Board has determined that the claim is not well grounded and remands it for further development, including obtaining medical records and scheduling a VA examination.

The veteran's claim for a total rating based on unemployability due to service-connected disabilities was granted with an effective date of October 18, 1996.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound, finding that he does not meet the criteria due to his ability to perform daily activities and manage finances.

The veteran's service-connected disabilities are of such severity as to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders.

The Board has denied the veteran's claims for service connection for a hiatal hernia, an initial rating exceeding zero percent for gastritis with duodenal ulcer, and a rating exceeding 40 percent for lumbosacral strain. The evidence does not support a finding of service connection.

The Board denied the veteran's claims for service connection for lumbosacral disc herniation and peripheral neuropathy, finding that there was no evidence linking these conditions to his active duty service.

The veteran's claims for service connection for sleep apnea, ulcers, and hypertension with dizziness were denied. His claim for an increased disability rating for PTSD was also denied.

For the period from September 1, 1994 to January 19, 1996, a 20 percent evaluation for chronic lumbosacral strain with degenerative joint disease and postoperative residuals of a synovial cyst is granted.,From April 1, 1996, the veteran's low back disability has not met criteria for an evaluation in excess of 20 percent.

The veteran's service-connected back injury is currently rated at 40 percent disabling, reflecting the severity of his symptoms and impairment.

The Board denied the veteran's claims for service connection and initial noncompensable ratings for his low back disorder, sinusitis, right ear hearing loss, sleep apnea, left wrist ganglion cyst, left shoulder disability, right knee disorder, and left ear hearing loss. The case is remanded to determine proper initial ratings.

The Board has granted the veteran's claim to reopen his service connection for hypertension and has determined that he incurred sleep apnea syndrome in service. The decision is based on new evidence submitted since the previous denial, including a current diagnosis of hypertension and an opinion linking sleep apnea syndrome to active service.

The Board has denied the veteran's claims for service connection for disabilities of the lumbosacral spine and legs and knees, bilaterally. The claim for service connection for bilateral hearing loss is pending.

The VA denied the appellant's claim for service connection of obstructive sleep apnea syndrome, concluding that there was no evidence linking his current condition to his military service.

The Board has determined that the reductions in ratings for the veteran's left knee, right knee, and lumbosacral spine disabilities from their previous levels were not proper.

The VA has granted a 20 percent rating for the veteran's low back disorder, which is currently rated as 10 percent disabling. The new evaluation reflects moderate limitation of motion of the lumbosacral spine.

The Board has denied the veteran's increased rating claims for his service-connected left thigh, left foot, and right shoulder disabilities. The RO also granted service connection for a right knee sprain and assigned noncompensable evaluations to each of these disabilities, effective from June 1999.

The veteran's increased rating for lumbosacral strain with pain in the left leg was granted by the RO, but he requested a hearing before a Member of the Board at the RO.

The Board has remanded the case due to issues being inextricably intertwined and because of changes in the law regarding veterans' claims assistance. The RO must ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board denied service connection for post-operative degenerative disc disease and herniated disc of the lumbosacral spine, finding that the claim was not well grounded. The veteran appealed this decision.