Sleep apnea decisions — 2002

The Board has determined that the veteran does not have a psychiatric disability, including PTSD, present in service or related to active duty. The veteran's sleep apnea is also not shown to be causally related to service. Service connection for disabilities of the joints other than the back, liver disability, skin disability, and stomach disability are denied as well. The veteran's claim for a total rating based on individual unemployability due to his service-connected disability was also denied.

The Board determined that the veteran's service-connected lumbosacral strain with degenerative arthritis and disc disease did not warrant a rating greater than 40 percent, as his disability was found to be productive of severe disablement but not pronounced intervertebral disc syndrome. The claim for total rating based on individual unemployability due to service-connected disability was also denied.

The VA has determined that the veteran's residuals of an injury to the lumbosacral spine are primarily manifested by moderate limitation of motion and pain on range of motion, warranting a 20 percent evaluation. The criteria for an evaluation in excess of 20 percent have not been met.

The Board has granted an increased rating to 60 percent for the veteran's service-connected residuals of a lumbosacral spine injury with traumatic arthritic changes, which is the maximum schedular rating available under Diagnostic Code 5293.

The Board denied an effective date prior to April 18, 1991 for the grant of a TDIU.,The Board also denied an effective date prior to October 18, 1993 for service connection for PTSD.

The Board has dismissed the appeal as to the issue of restoring a 20% disability rating for lumbosacral strain due to lack of timely filing of a substantive appeal. The veteran's representative submitted a statement in July 2001 that was construed as a notice of disagreement with the reduction, but it did not meet the legal requirements for perfecting an appeal.

The Board has granted a 20 percent rating for the veteran's overuse injury of the lumbosacral spine and maintained the 10 percent rating for his right knee injury.

The VA determined that the appellant's degenerative joint disease of the lumbosacral spine warrants a 40 percent evaluation, which is already at its maximum under the applicable rating criteria.

The veteran's back disability, characterized as lumbosacral strain, is currently rated at 40 percent effective October 6, 1999.

The Board has granted a 60% evaluation for lumbosacral strain with degenerative joint and disc disease, effective as of the date of this decision. The veteran's service-connected disability is also found to meet the criteria for a TDIU rating.

The Board has determined that the veteran's low back disability, diagnosed as degenerative joint disease of the lumbosacral spine, is service-connected. However, there is no evidence of a current left kidney disability and the right kidney cyst was considered to be incurred in service.

The Board has granted a 60 percent rating for the veteran's lumbosacral spine disability and a 30 percent rating for his left femur fracture with shortening and associated left hip disability.

The Board found that the veteran's low back disorder was not incurred or aggravated during active military service and denied his claim for service connection.

The Board has granted service connection for a left eye chorioretinal scar, finding that the veteran's current condition is related to his inservice facial trauma. The Board also noted that there was no evidence of retinitis pigmentosa at any time following the November 1969 physical examination for service separation.

The Board denied the veteran's claims for increased evaluations and effective dates, as well as her request to be represented by an attorney. The issues of service connection for a left ankle disability and entitlement to aid and attendance benefits were referred back to the RO.

The Board denied the appellant's claims for increased ratings for lumbosacral strain with degenerative spurring at L3-4, tender scar from left ankle laceration, and residuals of a left foot injury (healed). The evaluations were found to be in accordance with the current schedular criteria.

The Board denied the appellant's claims of service connection for residuals of a spinal injury and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities, finding no evidence of chronic residuals of a spinal injury in service or a current back disability related to military service.

The Board denied earlier effective dates for a 60 percent rating for the veteran's service-connected low back disorder and TDIU, both effective from November 13, 2001.

The Board denied the appellant's request for accrued compensation benefits, stating that there is no legal basis to argue otherwise and that the law sets the amount of accrued benefits she is entitled to.

The Board denied the appellant's claims for increased rating, service connection for hypertension and stomach disability secondary to her service-connected lumbosacral strain, service connection for an acquired psychiatric disability (major depressive disorder or generalized anxiety disorder) secondary to her service-connected lumbosacral strain, and a total rating based on individual unemployability. The Board found that the evidence did not support these claims.