Sleep apnea decisions — 2001

The Board has determined that the appellant's left knee and lumbosacral strain disabilities do not warrant a higher disability rating based on the current evidence of record.

The Board of Veterans' Appeals denied the veteran's claim for a permanent and total rating for nonservice-connected pension purposes, finding that his combined ratings did not meet the criteria for such a rating.

The veteran is seeking an increased evaluation for his service-connected lumbosacral strain, which is currently rated at 10 percent. The VA has ordered a remand to schedule the veteran for a VA orthopedic examination and review of medical records to determine if his disability has worsened.

The veteran seeks a higher initial disability rating for his service-connected lumbosacral strain and degenerative disc disease, currently rated at 20 percent. The Board has determined that additional development is needed to determine the appropriate rating based on the severity of the veteran's symptoms.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with joint disease, which is the maximum rating available under Diagnostic Codes 5295 and 5292.

The Board has determined that the residuals of the compression fracture of T-12 are proximately due to or the result of the service-connected right knee disability.

The Board denied increased ratings for the veteran's service-connected sleep apnea syndrome and residuals of squamous cell carcinoma of the left true vocal chord, postoperative left hemilaryngectomy and tracheostomy.

The Board has determined that the veteran's cervical spine disability warrants a rating of 20 percent, and her lumbosacral strain disability warrants an increased rating to 20 percent. The reduction in the lumbosacral strain rating from 20% to 10% was proper.

The Board granted a 40% evaluation for the veteran's lumbosacral strain, finding severe limitation of motion. The left ankle sprain was rated at 10%. No new evidence or reopening of claims were involved.

The Board denied the veteran's claim to reopen his service connection for lumbosacral strain, finding no new and material evidence had been presented.

The veteran's ankylosing spondylitis of the lumbosacral spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the cervical spine is rated at 40 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of the thoracic spine is rated at 20 percent, and a higher rating is not warranted.,The veteran's ankylosing spondylitis of temporomandibular joints is rated at 30 percent, which is already the maximum schedular rating available.

The veteran's appeal regarding CUE in the November 1970 decisions to grant service connection for his left thigh wound and lumbosacral spine condition has been dismissed as he did not file a timely appeal.

The Board has determined that the overpayment of $19,872.07 was properly created due to fraud committed by the appellant.

The Board found that the veteran's retinitis pigmentosa was not incurred in or aggravated by service, and denied his claim.

The Board denied service connection for anorexia nervosa and/or bulimia nervosa, finding no evidence of these conditions during or after service. Service connection was also denied for fibromyalgia due to lack of a current disability attributable to service.

The Board has granted a 60 percent evaluation for the service-connected lumbosacral strain, status post L3-L4 laminectomy, which is the maximum schedular evaluation assignable under applicable Diagnostic Codes.

The veteran is seeking an increased evaluation for his service-connected lumbosacral strain, which has been rated at 20 percent. The RO must obtain VA outpatient treatment records and affords the veteran a new VA examination to determine if his disability warrants a higher rating.

The Board denied the veteran's claims for increased ratings for residuals of lumbosacral strain and status post fracture of the distal right radius (major), finding that the evidence did not support an evaluation in excess of 10 percent.

The Board has established a total rating based on individual unemployability effective from May 31, 1997. The appellant's combined schedular evaluation was 100 percent permanent and total as of that date.

The veteran's claim for an increased rating for obstructive sleep apnea was granted, but the effective date remains November 13, 2001.,The veteran also received a grant of service connection for obstructive sleep apnea with an effective date set at November 13, 2001.