Sleep apnea decisions — 2002

The Board finds that the veteran's pursuit of education was not medically infeasible during his 10-year period of eligibility, and thus extension of his educational assistance benefits is denied.

The veteran's claim for a higher rating for her service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The veteran's PTSD is rated at 70 percent, but not higher. The service-connected lumbosacral spine disability has been rated as zero percent since October 18, 1961, and the RO determined that it does not warrant a total (100%) rating.

The Board granted an increased rating to 40 percent for the veteran's service-connected lumbosacral strain with degenerative changes, and denied a higher rating on an extraschedular basis. The right leg disability was also granted an increased schedular rating of 30 percent.

The Board has determined that the veteran's lumbosacral strain warrants a rating of 40 percent, effective from when his claim was received in July 1997. The Board also found that extra-schedular consideration is warranted for this disability.

The veteran's service-connected knee and back conditions have been granted increased ratings, effective March 17, 1998. Service connection for cholecystectomy has also been established.

The Board denied service connection for various conditions, including a left wrist fracture, skin rash, low back condition, sleep disorder, lung condition with shortness of breath, and rheumatoid arthritis. The veteran's claims were based on direct evidence rather than any presumption or secondary relationship to service.

The Board denied the veteran's claim for an increased rating for her service-connected low back disability, finding that the current evaluation of 10 percent was appropriate given the mild limitation of motion.

The Board has reopened the claim of service connection for obstructive sleep apnea due to new evidence submitted since the previous denial. The issue of service connection for cardiovascular disease will be addressed in a separate decision.

The Board denied the veteran's claims for increased ratings and TDIU, finding that her service-connected chronic lumbosacral strain with DJD warranted a 40% rating from October 24, 2000, but not higher. The veteran was also found to be unemployable due to her disability.

The Board has determined that the appellant's residuals of an injury to the lumbosacral spine are service-connected, as they were incurred during INACDUTRA on August 20, 1988.

The Board has determined that the reduction in the rating for the veteran's service-connected low back disorder from January 1, 2002 was proper and restored a 40 percent rating. The veteran is not entitled to an increased rating.

The Board has granted a 40 percent disability rating for the veteran's service-connected chronic lumbosacral strain and lumbar degenerative disc disease with mild right lower extremity S-1 radiculopathy, effective from December 19, 2000.

The Board denied the veteran's claims for service connection for arthritis of the lumbosacral spine and an increased rating for arthralgia, low back. The veteran did not develop lumbosacral arthritis in service or until many years later.

The veteran's service-connected lumbosacral strain and cervical strain are both rated at the maximum allowable under VA guidelines. The claims for right shoulder, left hip, and headaches disorders were denied as there is no evidence of a direct connection to his military service.

The veteran's request for an increased rating for low back strain was denied as his disability does not meet the criteria for a higher evaluation. The veteran's entitlement to nonservice-connected pension benefits was also denied due to his inability to secure and follow substantial gainful employment.

The veteran's lumbosacral strain with spondylolysis, L5-S1 spondylolisthesis, posterior spinal fusion disability is rated at 40 percent. The Board has determined that the disability more nearly approximates a rating of 60 percent due to pronounced symptoms.

The veteran's claim for increased ratings for his service-connected lumbosacral strain and post-traumatic stress disorder with anxiety and depression was denied. His total rating based on unemployability due to service-connected disability is dismissed as moot.

The Board has granted a higher initial disability rating of 20 percent for the veteran's service-connected lumbosacral strain with a left L5-S1 herniated disc, and denied an increased evaluation for residuals of a left ankle injury.

The Board has granted a 20 percent evaluation for lumbosacral strain with disc disease, effective from November 1998. The veteran's hiatal hernia is rated as zero percent since November 1998.