Sleep apnea decisions — 2001

The veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal. The issues related to increased ratings for various knee and spine disabilities have not yet had a SOC issued on the issue of effective date for TDIU.

The Board has determined that the veteran's claimed upper and lower back disabilities were not incurred in or aggravated by service, and are not presumed to have been incurred due to exposure to Agent Orange or other environmental factors. The veteran's current back conditions are considered unrelated to his military service.

The Board has reopened the veteran's claim of service connection for retinitis pigmentosa due to new and material evidence. However, the claim is denied as there is no evidence that the condition was incurred or aggravated during service.

The Board granted the veteran's claim for special monthly pension based on the need for regular aid and attendance of another person, effective April 22, 2019.

The veteran's low back disability, characterized as lumbosacral strain, is rated at 10 percent effective January 5, 1996 to August 20, 1996. The rating for the right herniated nucleus pulposus at L5-S1 with history of right leg numbness remains at 20 percent as of August 20, 1996. A 10 percent disability rating is granted for osteoarthritis of the knees and ankles effective December 1, 1996. The veteran's vagina cystocele and residuals of excised bilateral ganglion cysts are each rated at 10 percent.

The Board granted a 20 percent rating for lumbosacral strain and found that the veteran's PTSD warranted a 50 percent rating since September 6, 1992.

The veteran's claims for increased evaluations for his service-connected disabilities are being remanded due to the need for additional examinations and development of evidence.

The Board denied the appellant's claims for service connection for various conditions, including arthritis of the lumbosacral spine and other musculoskeletal issues. The decision also noted that new evidence submitted did not meet the criteria to reopen the claim.

The veteran's degenerative joint disease of the lumbosacral spine is currently evaluated as 20 percent disabling. The Board finds that this evaluation is appropriate and does not meet the criteria for a higher rating or total disability based on individual unemployability.

The Board denied the veteran's claims for ratings in excess of 20 percent and 60 percent for his service-connected lumbosacral strain with degenerative disc disease, finding that the current evaluations adequately reflected the severity of his disability.

The veteran's claim for an increased evaluation of his lumbosacral strain disability is being remanded due to insufficient evidence and the need for further examination.

The Board has dismissed the appeal as the veteran did not timely file a substantive appeal or request an extension of time to do so.

The veteran's service-connected disabilities do not meet the criteria for assistance in acquiring specially adapted housing or a special home adaptation grant due to his inability to use both lower extremities without aid.

The Board has reopened the veteran's claim for service connection for retinitis pigmentosa due to new and material evidence submitted since the July 1989 denial. A VA ophthalmologist will be requested to provide an opinion on whether it is likely, unlikely, or as likely as not that the onset of the veteran's retinitis pigmentosa occurred during his period of service from May 1966 to March 1970.

The Board found that the veteran's sleep apnea did not have its onset in service and denied his claim for service connection.

The veteran's claim for an increased rating for his lumbosacral spine disability was denied by the RO. The case is being remanded to ensure all necessary development has been completed and readjudicated.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease warrants a rating of 40 percent, but not higher. The evidence does not support an increase in disability rating beyond this level.

The Board has determined that the veteran's lumbosacral spine arthritis, which is currently rated at 40 percent under Diagnostic Code 5292 for limitation of motion of the lumbar spine, meets the criteria for a 40 percent evaluation based on severe symptoms such as pain and limited motion. No additional manifestations not already contemplated in the rating are present.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, which is the maximum evaluation available for this condition.

The Board of Veterans' Appeals has determined that the veteran's lumbosacral radiculitis is related to his service and grants service connection for a chronic low back disability.