Sleep apnea decisions — 2001

The VA determined that the veteran's service-connected chronic lumbosacral strain does not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbar strain and hypertension, finding that neither set of criteria was more favorable to him.

The veteran is seeking an evaluation in excess of the current 20 percent rating for his lumbosacral disability. The RO denied this claim, and the Board has ordered remand to obtain additional evidence and ensure proper consideration.

The Board has determined that the appellant did not file a timely substantive appeal regarding his claim of service connection for sleep apnea and/or narcolepsy, leading to its dismissal.

The Board denied an increased rating for the veteran's service-connected low back disorder, but granted a 40% rating effective from July 31, 1998. The veteran appealed the effective date.

The veteran's lumbosacral strain and bilateral patellofemoral pain syndrome were both granted increased ratings, with the lumbosacral strain receiving a 20% rating.

The VA denied a rating in excess of 20 percent for the veteran's service-connected gunshot wound residuals, finding that they do not meet the criteria for more than moderate impairment.

The Board denied service connection for mitral valve prolapse and denied initial ratings greater than 10 percent for lumbosacral disability including a left ileum sclerotic degree, sleep apnea, and chronic bronchitis. The veteran's claims were not well grounded for the left shoulder disorder, reflux esophagitis, asthma, and photophobia.

The veteran's service-connected lumbosacral strain with traumatic arthritis and bursitis of the left shoulder have been granted increased evaluations.

The Board determined that the veteran's degenerative disc disease of the lumbosacral spine, with osteoarthritis, does not warrant a rating in excess of 20 percent.

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

The veteran's claim for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment was denied due to the lack of evidence showing loss or permanent impairment of use of one or both feet or hands, or permanent impairment of vision of both eyes.

The veteran's post-traumatic stress disorder is characterized by irritability, depressed mood, flashbacks, obsessive intrusive thoughts, and sleep impairment (to include nightmares and insomnia). These symptoms result in some decrease in work efficiency and occasional inability to perform occupational tasks. The Board has determined that a 30 percent rating for the service-connected post-traumatic stress disorder is warranted.

The veteran withdrew his appeal, requesting the Board to dismiss it.

The Board denied the veteran's claims for service connection and requested additional evidence. The VA is required to ensure all notification and development action under the Veterans Claims Assistance Act of 2000 is completed.

The Board has remanded the case for further development and evaluation of the appellant's service-connected lumbosacral strain, including consideration of a separate rating for arthritis and an extraschedular evaluation.

The veteran's herniated nucleus pulposus at T6-T7, with degenerative changes at T10-T11 and T11-T12 and Schmorl's node at T8-T9 is rated as 40 percent disabling. The lumbosacral strain is also rated as 40 percent disabling.

The Board has granted a 40 percent rating for the veteran's service-connected chronic lumbosacral strain with degenerative joint disease, effective from the date of receipt of his claim in April 1998.

The veteran's service-connected degenerative joint diseases of the left wrist, thoracic spine, right knee, left knee, and lumbosacral spine are currently rated at 10 percent each. The RO has denied his claims for higher ratings.

The veteran's lumbosacral strain, cystectomy with curettage lesion of the anterior mandible, and peptic ulcer disease were all granted initial compensable evaluations. The lumbosacral strain was initially rated at 10 percent from April 3, 1998 until May 18, 1999, and then increased to 10 percent effective May 19, 1999. The cystectomy with curettage lesion of the anterior mandible received a 10 percent evaluation. The peptic ulcer disease was also granted a 10 percent evaluation.