Sleep apnea decisions — 2001

The Board denied the veteran's claims for increased evaluations and service connection, finding no evidence to support his assertions of secondary right knee disability or other service-connected conditions. The veteran was also not granted a total rating based on individual unemployability due to his non-service-connected Down syndrome.

The veteran is seeking an increased evaluation for his degenerative disc disease at L3-4, L4-5 and L5-S1 with lumbosacral strain. The RO has remanded the case to obtain additional evidence and consider whether separate disability ratings are warranted.

The Board has determined that the veteran does not have current right and left arm disorders, depression, or numbness to both legs that are secondary to his service-connected lumbar spine disability. The claim for increased evaluation of the service-connected lumbar spine disability is also denied.

The veteran's claim for an earlier effective date for additional compensation benefits for his spouse is denied. The RO assigned the earliest possible effective date based on the receipt of the application and proof of dependency, which was received in October 1998.

The Board has determined that the veteran's lumbosacral strain with degenerative changes warrants a 40 percent evaluation, which is the maximum available under VA rating criteria.

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain is denied due to his failure to report for scheduled VA examinations.

The Board dismissed the appellant's appeal due to a defective substantive appeal.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a portion of the veteran's current low back strain. The VA physician's opinion supports this finding, linking it to in-service complaints. However, no other diagnosed back disorders are considered related to service.

The Board granted a total rating based on individual unemployability for the purpose of accrued benefits due to significant and severe limitation of motion of the back and functional loss due to back pain as well as serious symptoms from PTSD impairing occupational functioning. The veteran was not found to be in need of regular aid and attendance or bedridden.

The Board has granted a 40 percent evaluation for the veteran's chronic lumbosacral strain, finding that it meets the criteria for such an evaluation based on muscle spasms and loss of motion in all planes.

The Board has determined that the veteran's degenerative arthritis of the lumbosacral spine is service-connected, as it resulted from a contusion sustained during active duty in October 1964.

The Board has granted increased evaluations for postoperative ventral hernia, postoperative adhesions of the peritoneum, onychomycosis of the toes, and sleep apnea syndrome. The appellant's claims are now rated at their maximum levels.

The Board has granted an initial 10 percent evaluation for the service-connected low back disability, finding that it more nearly approximates lumbosacral strain with characteristic pain on motion.

The veteran's low back disability was rated at 10% prior to May 30, 2000 and increased to 20% after that date.

The Board has held that new and material evidence has been submitted to reopen the claim for service connection for residuals of a low back injury. The case is remanded to ensure due process and to obtain additional medical opinions.

The Board denied the veteran's claims for increased evaluations for gallbladder removal, lumbosacral strain, patellar realignment of the right knee, and patellar realignment of the left knee. The evidence did not support a finding that any of these conditions warranted an evaluation in excess of 10 percent.

The Board affirmed a reduction in disability rating from 60 percent to 40 percent for degenerative disk disease of the lumbosacral spine and also affirmed termination of a total disability rating based on individual unemployability. The veteran is alleging CUE in both decisions.

The veteran's claims for increased ratings for her right and left foot disabilities, as well as her lumbosacral strain disability, were denied. The veteran's claim for service connection for cervical strain was not addressed in this decision.

The VA has granted the requested disability evaluations for the veteran's conditions, with some changes in ratings and effective dates.

The veteran's degenerative arthritis of the thoracic spine does not cause any limitation of motion.,The veteran has been granted the maximum schedular rating available for his degenerative arthritis of the lumbosacral spine, and thus an increased rating claim must be denied based on a lack of entitlement under the law.,The veteran's spondylosis and degenerative disc disease of the cervical spine have also been granted the maximum schedular rating available, resulting in a denial of his increased rating claim for this condition.,There is no competent medical evidence indicating that the veteran's peripheral neuropathy of the lower extremities is related to his service-connected lumbosacral spine disorder.,The combined disability rating of 70 percent assigned from June 19, 1997 was correctly calculated by the M&ROC using the combined ratings table.,The criteria for a total rating for compensation based on individual unemployability due to service-connected disabilities have been met.