Sleep apnea decisions — 2001

The Board has granted a total rating based on individual unemployability due to service-connected disabilities from December 27, 1996. The veteran's service-connected coronary artery disease with hypertension and lumbosacral strain have prevented him from obtaining or maintaining gainful employment since December 27, 1996.

The Board has determined that the veteran's lumbosacral strain warrants a 10 percent rating, as it is productive of slight limitation of motion and pain with motion. The appeal was granted.

The veteran's lumbosacral strain was granted a 40 percent evaluation effective October 28, 1998. The TDIU claim is also granted.

The VA determined that the appellant's lumbosacral strain is mildly symptomatic and does not warrant an evaluation in excess of 20 percent.

The Board found that the appellant's claim for an earlier effective date for TDIU was not supported by evidence of record, as there were no claims filed within one year prior to January 27, 1992. The RO denied service connection for cervical and lumbar radiculopathy in April 1973.

The Board has determined that the veteran's lumbosacral strain disability warrants an increased rating to 20 percent, effective April 27, 2000. The cervical spine disability is not service connected.

The veteran's back disability is rated at 10% under the VA Rating Schedule, but his other disabilities prevent him from obtaining or following substantially gainful employment. The Board finds that these factors do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board granted a disability rating of 40 percent for lumbosacral myositis, effective from April 23, 1997. The veteran's claims for service connection for hearing loss and hair loss as due to an undiagnosed illness were denied, while the claim for service connection for chest pain as due to an undiagnosed illness was granted.

The Board denied the veteran's claims for service connection for bilateral pes planus with tarsal tunnel syndrome and lumbosacral strain, finding that there was no evidence of a current disability or aggravation of a pre-existing condition.

The Board has determined that the evidence is in equipoise, and therefore grants service connection for degenerative disc disease of the lumbosacral spine.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a rating higher than 40 percent.

The Board has determined that the veteran's obstructive sleep apnea is secondary to his service-connected deviated nasal septum and grants service connection for this condition.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability were denied. The RO confirmed the existing combined rating of 90 percent for service-connected disabilities, which included bilateral hearing loss (rated at 60%), lumbosacral strain (rated at 40%), PTSD (rated at 30%), residuals of TUR of the bladder neck with benign prostatic hypertrophy (rated at 20%), and a cyst of the epiglottis (noncompensable).

The veteran's request for an effective date earlier than October 1, 1998 for payment of additional dependency allowance for his two dependent children was denied. The RO had previously granted a 60 percent rating for the veteran's service-connected lumbosacral spondylosis on February 28, 1995.

The Board has determined that the case must be remanded to obtain additional medical records and determine if the veteran's current back disorder is related to his inservice injury.

The veteran's death was caused by chronic obstructive pulmonary disease and hypoxia and hypercapnia due to sleep apnea, which were not related to his service-connected Arnold-Chiari malformation type I with weakness of the right and left lower extremities and nystagmus. The Board found that these conditions did not contribute substantially or materially to the cause of death.

The VA has determined that the veteran's lumbosacral strain does not warrant an increased evaluation beyond the current 20 percent rating.

The Board has determined that the effective date for the award of nonservice-connected disability pension benefits should be July 31, 1997, and the effective date for the commencement of payment is August 1, 1997.

The Board has determined that the veteran currently has right knee and right ankle strain, which were incurred in service. The claim for left ankle strain is remanded. Post-traumatic headaches are also granted. Service connection for lumbosacral strain was not established.

The Board has determined that the veteran's current lumbosacral strain and radiculopathy do not warrant an evaluation in excess of 40 percent.