Sleep apnea decisions — 2001

The veteran's service-connected lumbosacral strain is rated at 20 percent, which the Board finds insufficient to reflect his current level of disability. The evidence shows that he experiences chronic and recurrent low back pain with a burning sensation radiating into his hip and leg.

The Board found that the veteran's major depressive disorder and recurrent lower back pain with a lumbosacral strain were not incurred or aggravated by service. The claim for increased rating was also denied.

The veteran's service-connected left hip dislocation, low back degenerative joint disease, and left knee arthritis are all rated at 20 percent. The RO has granted increased ratings for these conditions.

The Board has granted increased ratings of 20 percent for osteoarthritis of the cervical spine and 10 percent for osteoarthritis of the lumbosacral spine, effective from September 1, 1991.

The Board denied the appellant's claims for an increased rating for lumbosacral strain, failed to reopen a claim for service connection for residuals of a left knee injury, and denied service connection for degenerative joint disease of the right knee and a right shoulder disability.

The Board denied the appellant's claims for an increased rating and a total rating based on individual unemployability as his service-connected lumbosacral strain is currently rated at its maximum schedular evaluation, and he does not meet the criteria for a total disability rating due to individual unemployability.

The Board finds that the veteran's degenerative joint disease of the lumbosacral spine was incurred as a result of his participation in parachute jumps while in the National Guard, and grants service connection for this condition.

The Board has restored the veteran's original 20% disability rating for lumbosacral strain, effective from the date of reduction.

The Board denied the veteran's claim of entitlement to service connection for retinitis pigmentosa in January 1956. The veteran submitted new evidence since then, but it was not considered material as it did not address whether the condition was incurred or aggravated during service.

The Board denied the veteran's claim of service connection for retinitis pigmentosa sine pigmento, finding that the defect existed prior to service and was not aggravated by service.

The Board has determined that the appellant's left ear hearing loss is service-connected and granted service connection. The lumbosacral strain issue remains at a noncompensable rating.

The Board has determined that the combined service-connected disability rating is correctly calculated as 50 percent. The veteran's appeal for a higher rating for lumbosacral strain remains pending.

The Board has assigned a 60 percent evaluation for the veteran's lumbosacral strain with degenerative disc disease of the lumbar spine, which is the highest available rating under Diagnostic Code 5293.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for retinitis pigmentosa, which had previously been denied. The Board found that the veteran's condition likely pre-existed military service but may have worsened due to its nature and increased demands placed on him by the military.

The Board has granted a 20 percent evaluation for lumbosacral strain since February 28, 2000. Prior to that date, the veteran's disability picture did not meet criteria for higher evaluations.

The veteran's chronic lumbosacral sprain, with degenerative disc disease at L5-S1 and arthritis, results in severe impairment that warrants a 40 percent rating.

The Board denied a compensable rating for lumbosacral strain and service connection for herniated nucleus pulposus at L5-S1, secondary to the veteran's service-connected lumbosacral strain.

The Board denied the veteran's claim for an initial rating in excess of 40 percent for post traumatic discogenic disease of the lumbosacral spine with degenerative joint disease at L5-S1, finding that the schedular criteria were not met.

The Board denied increased ratings for lumbosacral strain with traumatic degenerative joint disease and cervical strain with traumatic degenerative joint disease, finding that the evidence did not meet the criteria for a higher rating.

The Board denied the veteran's appeal for service connection for a lumbosacral back disorder, finding that his complaints of back pain in service were manifestations of scoliosis and there was no evidence of an injury or increase in disability during service.