Sleep apnea decisions — 2001

The veteran's appeal is being remanded for further development regarding his lumbosacral strain and TDIU claims due to the need for a VA examination to determine if the service-connected condition alone prevents him from obtaining and maintaining gainful employment.

The Board has determined that the veteran's thoraco-lumbosacral strain does not warrant a rating in excess of 10 percent, as there is no evidence of muscle spasm or significant limitation of motion.

The Board has granted a 60 percent evaluation for the veteran's traumatic arthritis and degenerative joint disease due to lumbosacral strain, which is more than the current 40 percent rating.

The Board has determined that the veteran's lumbosacral strain warrants a 20 percent disability rating, based on moderate limitation of motion and degenerative disc disease.

The veteran's service-connected disability is rated at 40 percent, and the Board has granted a 60 percent rating based on pronounced intervertebral disc syndrome.

The Board has determined that the November 1984 rating decision contained clear and unmistakable error (CUE) in not granting service connection for chronic lumbosacral strain. The veteran's DJD of the lumbosacral spine is now granted.

The Board has denied the veteran's claim for service connection for lumbosacral strain as secondary to his service-connected pes planus. The case is remanded for further development and consideration.

The Board denied the veteran's claim for an effective date prior to December 2, 1997 for the grant of service connection for recurrent lumbar strain. The decision is based on the fact that no earlier informal or formal claim was received before this date.

The veteran's claim for service connection is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 40 percent, reflecting severe impairment.

The Board has determined that the veteran's service-connected low back disorder warrants a 60 percent disability rating, which is the maximum schedular rating available under VA regulations.

The Board has reopened the veteran's claims for service connection for Meniere's disease and a back disorder, finding that new evidence supports these claims. The veteran's symptoms of dizziness, ear pain, and hearing loss during service are considered to be manifestations of his later diagnosed Meniere's disease. For the back disorder, the Board found that the veteran incurred injury in service resulting in lumbosacral strain.

The Board found that the veteran's residuals of a lumbar laminectomy are not etiologically related to his service-connected lumbosacral strain and denied both claims for secondary service connection and increased rating.

The Board found that the veteran did not file timely substantive appeals for his initial grant of service connection and denied jurisdiction to consider these issues. The claim for a higher evaluation for lumbosacral strain was granted, but the rating assigned (40%) is maintained as sufficient evidence supports this determination.