Sleep apnea decisions — 2002

The VA has granted an increased rating of 40 percent for the veteran's service-connected degenerative joint disease (DJD) of the lumbosacral spine, effective December 1997. The claim for secondary service connection for bipolar disorder is also granted.

The Board denied a separate compensable evaluation for lumbosacral strain apart from the service-connected ankylosing spondylitis of the spine.

The Board has determined that additional evidence is needed to properly evaluate the veteran's current level of disability and service-connected lumbosacral strain. The case is therefore being remanded for further development.

The veteran's service-connected lumbosacral strain disability was rated at 20 percent from January 4, 1993 to June 13, 1993 and increased to 40 percent from June 14, 1993. Since June 21, 2001, the disability has been rated as 60 percent.

The Board found that the veteran's service-connected lumbar strain with herniated nucleus pulposus at L4-5 and L5-S1 does not warrant a higher rating as it did not meet the criteria for severe or pronounced intervertebral disc syndrome, nor did it meet the criteria for ankylosis of the spine.

The Board denied service connection for lumbosacral strain and arthritis of the lumbar spine, as well as service connection for piriformis syndrome of the left hip.

The Board has granted service connection for fibromyalgia, impotence, sleep apnea with fatigue, hair loss, and irritable bowel syndrome as undiagnosed illnesses incurred during the Gulf War.

The Board has found that new and material evidence has been presented to reopen the veteran's claim of service connection for degenerative disc disease of the lumbosacral spine.

The veteran's chronic disabilities, including a psychiatric condition, cervical spine disorder, lumbosacral spine disorder, eye disorder, and headaches, meet the schedular requirements for non-service-connected pension purposes. The Board finds that he is permanently and totally disabled for VA pension purposes.

The Board denied an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease and a continued 10 percent evaluation for duodenal ulcer with irritable colon.

The Board denied service connection for a right knee scar and granted an initial disability evaluation of 20 percent for the veteran's lumbosacral strain, effective from July 26, 1997.

The Board has reopened the claim for service connection for PTSD and found new and material evidence. However, it determined that there is no competent medical evidence linking the veteran's current cervical spine disorder to his period of active duty service. The claim for a higher rating for lumbosacral strain remains pending.

The Board has determined that the veteran's retinitis pigmentosa was incurred during military service and granted service connection for this condition.

The veteran's service-connected thoracic and lumbosacral spine disability is rated at 40 percent, but the claim for a higher evaluation remains denied. The total rating based on unemployability due to service-connected disabilities was also denied.

The Board denied the veteran's claims for service connection for various undiagnosed illness-related conditions, including headaches, sleep apnea, skull calcifications, diarrhea, positive tuberculin test findings, and chronic bronchitis. The appeal is not about service connection at all.

The veteran's claim for an increase in his service-connected back disability received on April 29, 1997 is granted with an effective date of April 29, 2000.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment, considering the impairment from the disorders and his educational and occupational background.

The veteran's lumbosacral strain and degenerative disc disease are currently rated at 60 percent, the maximum schedular evaluation. The Board finds that these conditions meet the criteria for a higher rating under Diagnostic Code 5293.

The veteran's DDD, DJD and lumbosacral strain were evaluated at 20 percent from September 18, 1997 to December 29, 1998. From December 30, 1998, the evaluation was increased to 40 percent.