Sleep apnea decisions — 2001

The veteran's service-connected disabilities continued to preclude him from securing or following a substantially gainful occupation, and the Board found that he was entitled to a total rating based on individual unemployability due to service-connected disabilities effective from December 21, 1948.

The Board denied the appellant's claims for service connection for soft tissue sarcoma and hyperkeratosis of the hard palate with mucosal hyperplasia, both claimed as residuals of exposure to Agent Orange. The evidence did not support a finding that these conditions were related to service or to Agent Orange exposure.

The veteran's sole service-connected disability, arthritic changes of the lumbosacral spine with recurrent lumbosacral strain and signs of nerve root irritation, rated at 60 percent disabling, does not render him unemployable due to his service-connected disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the appellant's service-connected lumbosacral strain and any left ankle disorder. The claims for increased disability evaluation and service connection will be readjudicated after these actions.

The veteran's appeals for increased evaluations of his service-connected lumbosacral strain and thoracic and left trapezius strain have been dismissed as the veteran withdrew his notice of disagreement.

The Board denied the veteran's claims for service connection for an atrial septal defect and sleep apnea. The decision on the sleep apnea claim will be addressed in a separate REMAND.

The veteran's service-connected lumbosacral strain is not more than 20 percent disabling according to the applicable schedular criteria.

The Board granted service connection for lichen planus of the oral mucosa as secondary to PTSD, assigning a 10 percent disability rating effective January 26, 1995.

The veteran's service-connected left ankle sprain and lumbosacral strain resulted in a temporary total disability rating due to hospitalization, with the effective date for the increased disability ratings set at February 21, 1990.

The Board found that the veteran's service-connected cervical strain with headaches is currently evaluated at 20 percent, which is the maximum schedular evaluation under Diagnostic Code 5293. The claim for increased rating of low back pain was remanded due to the need for an etiological opinion regarding the relationship between his service-connected low back pain and nonservice-connected DDD.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with degenerative changes at L5, finding that his symptoms meet the criteria for this higher rating.

The Board has determined that the veteran's service-connected lumbosacral strain does not warrant an evaluation in excess of 20 percent, as there is no objective evidence of current disability.

The veteran's claim is being remanded for additional development of the evidentiary record, including obtaining medical records and scheduling a VA examination to assess his service-connected lumbosacral strain.

The Board has granted service connection for a low back disability as secondary to the veteran's service-connected post-medial meniscectomy of the left knee.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is productive of symptoms that are suggestive of a pronounced disability picture overall, including x-ray evidence of severe degenerative changes and significant pain with range of motion testing. The Board has determined that there is a basis for a 60 percent evaluation under Diagnostic Code 5293.

The Board has granted a 20 percent evaluation for the appellant's service-connected lumbosacral strain, effective from the date of the RO's May 1995 rating action.

The Board denied an evaluation in excess of 20 percent for the veteran's lumbosacral strain disability with degenerative disc disease and spondylosis, finding that the evidence did not meet the criteria for a higher rating.

The Board has determined that the veteran's lumbosacral strain, superimposed on congenital malformation warrants a 40 percent evaluation.

The veteran's claim for an increased rating for his service-connected lumbosacral strain and degenerative disc disease is being remanded due to inadequate VA examination reports. The RO must ensure that the examinations are in compliance with the directives of this remand.

The Board granted service connection for a lower back disability secondary to service-connected disabilities of the knees and right ankle. The other issues on appeal were denied.