Sleep apnea decisions — 2001

The VA has determined that the veteran's current disability rating of 20 percent for residuals of lumbosacral strain is appropriate based on his symptoms and examination findings.

The Board has remanded the veteran's claims for higher ratings for migraine headaches and lumbosacral strain due to a need for additional medical records, including VA and private treatment records. The examiner is asked to assess the severity of these conditions and provide an opinion on their impact on the veteran's functional ability.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain, finding that the evidence did not support an evaluation in excess of the current ratings.

The veteran is seeking a higher rating for his service-connected lumbosacral strain with secondary paravertebral fibromyositis, but the case has been remanded due to lack of recent medical records and need for further examination.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 20 percent.

The Board denied an increased evaluation for degenerative disc disease of the lumbosacral spine, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5293.

The Board found that the veteran's lumbosacral strain and arthritis do not warrant an evaluation in excess of 20 percent.

The Board finds that the veteran's service-connected obstructive sleep apnea and deviated nasal septum disorders, standing alone, preclude him from engaging in substantially gainful employment. The counseling psychologist's report supports this finding, as it indicates that these disabilities significantly impair his employability.

The Board has granted service connection for lumbosacral strain and assigned a 40% disability evaluation, effective August 18, 1997. The veteran's pre-existing low back disorder was permanently aggravated during service.

The Board has determined that the veteran's service-connected lumbosacral strain with arthritis should be restored to a 40 percent evaluation from November 1, 1994 through June 29, 1997.

The VA denied the veteran's claim for a higher initial disability rating of 10 percent for lumbosacral strain with degenerative disc disease, finding that his symptoms were adequately addressed by the current 10 percent rating.

The Board has granted service connection for urinary stress incontinence and awarded a higher rating for the right ovarian cyst. The lumbosacral spine condition is rated at 20 percent, while the right knee disability remains noncompensable.

The Board has determined that the veteran's service-connected residuals of a shell fragment wound, to include paralysis of the right femoral nerve with atrophy of quadriceps muscle, aggravates his nonservice-connected spondylosis of the lumbar spine, claimed as chronic lumbosacral strain. As such, secondary service connection is granted.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining relevant medical records and arranging for a VA examination.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain, with bilateral radiculopathy, muscle spasms, and intermittent paresthesias is being remanded due to the need for a new VA examination.

The Board has remanded the case due to a lack of development and potential issues with service connection.

The Board denied the veteran's claims for increased evaluations for lumbosacral strain, duodenal ulcer, and left knee disability. The maximum schedular evaluation of 40 percent was granted for lumbosacral strain.

The veteran's disabilities, including his service-connected right testicle injury with epididymitis and nonservice-connected degenerative disc disease of the lumbosacral spine and cervical spine, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has granted a 40 percent disability rating for the veteran's service-connected lumbosacral strain, finding that his current low back symptoms are attributable to his service-connected condition.

The veteran's degenerative changes of the lumbosacral spine result in severe limitation of motion, warranting a 40 percent disability rating.