Sleep apnea decisions — 2002

The Board granted a 40 percent rating for lumbosacral strain with degenerative disc disease effective from May 15, 2000. The right knee disability was rated at 30 percent prior to this decision and remains unchanged.

The Board has granted an increased rating of 40 percent for the veteran's service-connected lumbosacral strain, finding that it produces severe limitation of motion.

The veteran's claim for service connection for bipolar disorder is pending. The RO must obtain all relevant medical records and provide the veteran with a VA examination to assess his current low back and left shoulder disabilities, including their etiology and impact on his ability to work.

The Board denied the veteran's claims for increased ratings for her lumbosacral spine disability and left ulna and radius fracture, finding that the evidence did not support a higher rating under applicable VA regulations.

The Board has determined that the veteran's current back disorder did not begin during service and is therefore denied service connection.

The veteran's service-connected disabilities, including a right above the knee amputation and bilateral shoulder strains, have resulted in locomotion being precluded without assistive devices. The Board has determined that these conditions meet the criteria for specially adapted housing.

The veteran's claim for a higher rating for his degenerative joint disease of the lumbosacral spine with chronic low back pain has been granted, and he is currently receiving a 20 percent disability rating.

The veteran's chronic lumbosacral strain with degenerative disc disease was granted an increased evaluation of 20 percent from August 2, 1995 to May 29, 2000. From May 30, 2000, the condition is rated at 20 percent.

The Board denied service connection for a chronic cervical spine disability and an increased evaluation for the veteran's thoracic and lumbosacral spine disability. The claim for total rating for compensation purposes based on individual unemployability was remanded to the RO.

The Board denied a higher rating for the service-connected low back condition, assigning a 20 percent evaluation effective from April 1998. The veteran's claim was not well grounded as asthma.

The Board found that the veteran's lumbosacral disability, currently rated at 40 percent, did not meet or approximate criteria for a higher rating. The evidence showed severe limitation of lumbar motion but no more than moderate intervertebral disc disease.

The Board denied the veteran's claim for an effective date prior to September 16, 1998, for a grant of service connection for arthralgia of the lumbosacral spine with scoliosis. The decision stated that the effective date was November 10, 1998, as it was the date of receipt of his reopened claim.

The veteran has an employment handicap and meets the criteria for basic entitlement to vocational rehabilitation benefits under Chapter 31, Title 38, United States Code.

The veteran's death was attributed to a cerebrovascular accident due to cerebrovascular disease, with coronary artery disease as a significant contributing factor. The Board denied the claim of service connection for the cause of death, finding that stress from his service-connected disabilities did not contribute substantially or materially to his death.

The veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board has granted a 40 percent evaluation for the veteran's service-connected spina bifida occulta with injury to the lumbosacral spine, which is the highest rating available under applicable rating codes.

The Board denied the claim for an earlier effective date for a TDIU due to service-connected disabilities, finding that the earliest date of entitlement was May 14, 1996.

The Board has granted a higher rating of 40 percent for the service-connected lumbosacral strain, and it is unclear whether new evidence supports reopening the claim for psychiatric disorder.

The Board has granted a 60 percent evaluation for lumbosacral strain with degenerative disc disease and arthritis, effective from August 31, 2001.

The Board has granted an initial rating of 40 percent for lumbosacral sacroiliac strain, the maximum available under VA's rating criteria.