Sleep apnea decisions — 2002

The veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine and multiple other conditions, preclude him from performing substantially gainful employment. His right carpal tunnel syndrome is not found to be secondary to his service-connected right arm disorders. He does not meet eligibility requirements for financial assistance in purchasing an automobile or adaptive equipment. The veteran's TDIU rating claim is denied as he has a combined disability rating of 80 percent and the evidence shows that his service-connected disabilities alone prevent him from securing and following substantially gainful employment.

The Board denied the veteran's claims for increased ratings for degenerative joint disease and myositis of the lumbosacral spine, residuals of a fracture of the right middle finger, and bilateral hearing loss.

The Board has granted a 20% evaluation for the veteran's low back disability, effective August 25, 2000. The claim of service connection for left knee disability and primary insomnia is also granted.

The veteran's appeal involves multiple issues related to his service-connected conditions, including diplopia, hernia repair, pterygium, blepharitis and conjunctivitis with trichiasis, cervical spine degenerative disc disease, and lumbosacral spine degenerative joint disease. The case is being remanded for further development.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for further development, including scheduling a VA examination and ensuring compliance with VCAA requirements.

The Board has granted a 40 percent evaluation for lumbosacral strain with degenerative disc disease prior to August 11, 1993.

The veteran was granted service connection for disabilities of the left knee and lumbosacral spine as secondary to his right knee disability, effective March 9, 1999.

The Board has granted service connection for muscle strains of the left knee and lumbosacral spine, with a 10% evaluation assigned since November 29, 2000.

The veteran's appeal for initial compensable disability ratings for a laceration of the left index finger and lumbosacral strain was dismissed as he did not file a timely substantive appeal after receiving the statement of the case.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine with right hip pain was incurred during active service.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a compensable rating, assigning a 10% evaluation.

The Board found that the veteran's current low back disability is not related to service or a service-connected condition, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for sleep apnea and an increased rating for post-traumatic stress disorder, finding that there was no evidence linking these conditions to his military service or a service-connected disability.

The Board has determined that the veteran's service-connected lumbosacral strain, right knee instability, and degenerative joint disease of the right knee do not warrant evaluations in excess of 20 percent, 10 percent, or any other assigned rating, respectively.

The veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied service connection for a back disorder and residuals of a right epididymectomy, finding that the evidence did not support these claims.

The Board denied the reopening of a claim for service connection for retinitis pigmentosa, finding that new and material evidence had not been submitted.

The Board has granted higher ratings of 60 percent for the lumbosacral spine disability and 20 percent rating for the cervical spine disability, both effective June 27, 2002.

The Board has determined that the effective date for the grant of service connection for a low back condition (characterized as chronic lumbosacral strain aggravating pre-existing L5-S1 spondylolisthesis) is December 21, 1957.

The Board denied an increased evaluation for lumbosacral strain, finding no basis to grant a higher rating based on the current evidence of record.