Sleep apnea decisions — 2002

The Board found that a timely notice of disagreement was filed in October 1999, reinstating the appeal. The February 1998 rating decision granting service connection for lumbosacral strain and thoracic and left trapezius strain is considered granted.

The Board has granted service connection for sleep apnea as secondary to the veteran's service-connected rhinosinusitis.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 40 percent evaluation, which is the maximum schedular rating available under Diagnostic Codes 5289, 5292, and 5293. The veteran also received a separate 10 percent rating for demonstrable deformity of a vertebral body. No higher ratings are warranted based on the evidence provided.

The veteran's service-connected disabilities are so disabling that he requires regular aid and attendance, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Board denied an increased rating for the veteran's lumbosacral strain with mild disc bulging and protrusion, finding that there was no evidence of more than a slight limitation of motion or intervertebral disc syndrome.

The Board has determined that the veteran's claim of service connection for lumbosacral strain was denied in February 1984 and no new and material evidence has been received to reopen this claim. The other issues on appeal have not been decided.

The Board has restored the veteran's rating for his service-connected back disorder from 60% to 50%, effective July 1, 1982. The TDIU rating was also reinstated as of June 22, 1989.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.

The Board has determined that the veteran's service-connected lumbosacral strain does not warrant a disability rating in excess of 20 percent.

The veteran's claims for increased ratings and service connection were denied. The TDIU claim was granted with a 20% rating.

The Board denied the veteran's claim of service connection for a back disorder, finding that his current symptoms are due to a pre-existing condition and not related to his military service.

The Board found that the veteran's low back disorder was not caused or aggravated by a service-connected disability, specifically his rib resection and amputation of part of the left scapula.

The Board of Veterans' Appeals has determined that the appellant's current mild lumbosacral strain is due to a back injury sustained in military service, and thus grants service connection for this condition.

The VA denied the veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbosacral spine, currently rated at 20 percent.

The veteran's low back disorder and gastroesophageal reflux disease were first shown during active military service, warranting service connection for these conditions.

The Board granted an increased evaluation for the appellant's service-connected left knee disability to a 60 percent rating and denied his claim for an initial disability rating in excess of 60 percent for spondylolisthesis and degenerative joint disease of the lumbosacral spine.

The veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain with degenerative disc disease and residuals of a right hemicolectomy/volvulus with spastic colitis and psychophysiologic gastrointestinal condition, finding that the evidence did not meet the criteria for an evaluation in excess of 20 percent or 30 percent, respectively.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment, thus his claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is denied.

The Board has granted an effective date of May 1, 1980 for the TDIU based on the veteran's service-connected disabilities preventing him from working.