Sleep apnea decisions — 2001

The VA denied an increased evaluation for the veteran's service-connected degenerative arthritis of the lumbosacral spine, currently rated at 20 percent.

The veteran's service-connected low back disability, characterized by spondylolisthesis due to partial subluxation of lumbosacral facets with degenerative joint and disc disease, is currently rated at 40 percent. The Board finds that the evidence does not support a higher rating as his symptoms are adequately addressed under the current rating criteria.

The Board denied the veteran's claims for earlier effective dates for increased evaluations of his service-connected lumbosacral strain and total rating based on individual unemployability due to service-connected disability, finding that it was not factually ascertainable that there had been an increase in his service-connected disability during the year prior to February 14, 1990.

The Board has reopened the claim for service connection for lumbosacral spondylolisthesis due to new evidence submitted since the last denial in 1965.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a back disability other than his service-connected lumbar paravertebral myositis with degenerative joint disease of the lumbar spine, as there is no competent evidence that he sustained such a disability in August 1980.

The veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The issues of service connection for headaches, as secondary to his service-connected low back disability, and an increased evaluation for lumbosacral strain are pending.

The veteran's claim for an earlier effective date for service connection of a left thigh disorder is denied as there was no prior claim filed before October 4, 1996.

The Board denied service connection for degenerative joint disease of the left knee and degenerative disc disease of the lumbosacral spine, finding no evidence linking these conditions to service. The claim for a chronic stomach disorder was also denied as new and material evidence had not been submitted.

The Board denied restoration of a 20 percent evaluation for lumbosacral strain due to the veteran's failure to report for a VA medical examination scheduled in October 2000.

The Board has remanded the case for additional development, including obtaining medical records and determining whether there is a basis for assigning a rating in excess of 40 percent for the appellant's service-connected back disability.

The veteran's service-connected disabilities have been evaluated at the lowest possible rating due to lack of evidence supporting higher evaluations.

The veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the nature and etiology of his back disorders.

The Board has granted an increased rating to 60 percent for the veteran's service-connected herniation of the L4-5 discs of the lumbosacral spine, finding that his symptoms warrant such a rating.

The Board denied service connection for degenerative disk disease of the lumbosacral spine as there was no evidence linking it to active duty.

The Board has determined that the appellant's service-connected conditions do not warrant an increased rating, as they are currently evaluated at noncompensable levels. The appeal is denied.

The Board has determined that the appellant's chronic lumbosacral strain with degenerative changes warrants a 40 percent evaluation, as his range of motion is significantly limited and he experiences pain on motion.

The veteran's appeal was denied for increased ratings for low back pain and bilateral knee disorders due to lack of timely filing of a substantive appeal. The RO assigned a 10 percent rating for mechanical low back pain effective June 13, 1996.

The Board denied the veteran's claim for an effective date prior to August 12, 1997, for the award of service connection for retinitis pigmentosa. The effective date is limited to the date of receipt of the claim, which was August 12, 1997.

The veteran's claim for payment of medical services due to a supraventricular tachycardiac event on October 25, 1998 is granted. The Board finds that the emergency room physician's opinion regarding the existence of a medical emergency outweighs the VA reviewing physician's retrospective determination.

The Board has granted the veteran's claims for service connection and assigned initial ratings for her lumbosacral strain, left foot plantar fasciitis, and left middle finger tendonitis. The initial rating of 10 percent for lumbosacral strain was increased to 20 percent effective from March 20, 1997.