Sleep apnea decisions — 2002

The Board has determined that the veteran's dermatofibrosarcoma protuberans warrants a 50 percent disability rating, effective November 1, 1999. The appeal is granted.

The Board has granted effective dates of August 23, 1999 for the grants of a 20% rating for lumbosacral spine strain and cervical spine strain.

The Board denied the veteran's claim for an initial disability evaluation in excess of 20 percent from April 26, 1995, and in excess of 40 percent from October 7, 1996, for service-connected low back disability. The appeal was based on a direct service connection.

The Board has determined that the veteran's right total knee replacement and lumbosacral spine arthritis and disc disease are service-connected due to aggravation of pre-existing conditions.

The Board has granted a 40 percent evaluation for lumbosacral strain from August 26, 1996. The veteran's condition is characterized by muscle spasm, narrowing of joint space in the lumbosacral spine, osteoarthritic changes, persistent low back pain, limitation of motion, and specific functional limitations associated with the back.

The Board has determined that the veteran's death was not caused by service-connected conditions, and therefore denied both his claim for service connection for the cause of death and his eligibility for Dependents' Educational Assistance under Chapter 35. The Board found no evidence linking the veteran's heart disease to any incident or condition during active military service.

The VA determined that the veteran's current back disability did not originate in service and denied his claim for service connection.

The Board found that the veteran's chronic lumbosacral strain and arthritis are not related to service, and thus denied his claim for service connection.

The Board granted service connection for the cause of the veteran's death due to exposure to Agent Orange, but assigned an effective date of September 6, 1995.

The Board has reopened the veteran's claim and found new and material evidence, but service connection for lumbosacral strain with nerve root irritation was not established.

The Board found that the veteran has not submitted a viable claim with respect to whether the May 1990 rating decision denying service connection for retinitis pigmentosa was clearly and unmistakably erroneous. The evidence received since the August 1998 rating decision, which denied entitlement to service connection for retinitis pigmentosa, is not new and material, thus preventing the veteran's claim from being reopened.

The Board denied a higher initial rating for lumbosacral strain, finding that the disability did not meet or approximate the criteria for a higher evaluation.

The Board has determined that the appellant's claimed bronchial asthma and sleep apnea disorders were not incurred or aggravated by active service, while his stasis dermatitis disorder was not shown to be related to service. Therefore, these claims are denied.

The Board has determined that the veteran's claimed low back disorder did not originate during active duty and is not related to service. As a result, the claim for service connection was denied.

The Board denied the veteran's claim for a higher evaluation for his lumbosacral strain with degenerative disc disease, finding that the condition did not warrant a rating in excess of 40 percent.

The Board denied an earlier effective date for the grant of service connection for retinitis pigmentosa, finding that no claim for compensation benefits was submitted until August 12, 1997.

The VA has determined that the veteran's low back disability, manifested by pain radiating to the lower extremities and moderate limitation of motion of the lumbar spine, does not warrant a rating higher than 40 percent.

The veteran's claim for an extension of eligibility for vocational and rehabilitation training under the terms and conditions of Chapter 31, Title 38, United States Code was denied because his service-connected low back disability had not worsened to the extent that he was precluded from performing the duties of his rehabilitated occupation.

The Board has granted the reduction in rating from 30 percent to 20 percent for residuals of a back strain with arthritis of the lumbosacral spine, finding that discontinuing the separate evaluation for arthritis was warranted due to legal error. The veteran is currently rated at 20 percent for this condition.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain, effective from November 1997.