Sleep apnea decisions — 2002

The Board found that the veteran's service-connected lumbosacral strain does not meet or approximate the criteria for a higher disability rating, as his symptoms are consistent with severe intervertebral disc syndrome but do not reach the level of pronounced intervertebral disc syndrome required for an increased rating under Diagnostic Code 5293.

The Board denied service connection for spondylolisthesis of the lumbosacral spine as it was a congenital defect. The right ankle fracture is currently rated at 10%.

The veteran's claim for an increased evaluation of his service-connected postoperative residuals of a lumbosacral spine injury was denied as the disability is currently rated at 40 percent and no new evidence has been provided to warrant an increase.

The Board found no clear and unmistakable error in the May 1956 rating decision that denied service connection for a back disorder other than lumbosacral strain, including ankylosing spondylitis.

The Board denied an increased disability evaluation for the veteran's lumbosacral strain secondary to probable minimal compression fracture of L-4, finding that a 40 percent evaluation was warranted prior to March 20, 2000 and denying any higher rating thereafter.

The Board denied the veteran's claims for an increased rating for schizophrenia and a TDIU rating, finding that his service-connected disabilities did not meet the criteria for a higher rating or a TDIU.

The veteran's cervical spine disability is rated at 10 percent, tension headaches are rated at 10 percent, tinnitus is rated at the maximum schedular evaluation available, and bilateral hearing loss does not meet criteria for a compensable rating. Service connection was established for obstructive sleep apnea, right carpal tunnel syndrome, and multiple sclerosis (MS). The veteran's service-connected disabilities preclude him from securing and following any form of substantially gainful employment.

The Board has granted service connection for recurrent lumbosacral strain and tinnitus, finding that the veteran's conditions are likely due to his military service.

The Board found that the discontinuance of vocational rehabilitation benefits was not proper, based on the veteran's ongoing need for training and his eligibility under Chapter 31.

The Board denied the appellant's request for apportionment of her husband's nonservice-connected pension benefits, finding that she did not meet the criteria for dependency and that such apportionment would cause undue hardship to her estranged husband.

The Board granted a 20 percent rating for the veteran's service-connected degenerative joint disease of the lumbosacral spine, effective from the date of the initial grant of service connection.

The Board found that the reduction of the veteran's evaluation for lumbosacral muscle strain with thoracic pain from 20% to noncompensable rating effective July 1, 2000 was appropriate.

The veteran's service-connected low back disability and right knee arthritis are currently rated as 40 percent for the L5-S1 fusion, but his right knee is only rated as non-compensable. The Board finds that a higher rating is not warranted.

The Board denied an extension of a temporary total rating beyond May 31, 1998 for the veteran's service-connected lumbosacral spine disability due to insufficient evidence showing that post-surgical convalescence was required.

The Board denied the veteran's claims for service connection for pityriasis versicolor and arthralgia of the lumbosacral spine, finding no evidence of these conditions in service or within a presumptive period.

The Board denied the veteran's claim for an effective date earlier than August 25, 2000 for the award of a total rating based on individual unemployability due to service-connected disabilities. The criteria for assignment of such an effective date were not met.

The Board has determined that the veteran's current back disorders are not related to his active service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for prostatitis, sleep apnea, and loss of the sense of smell due to exposure to Agent Orange. The evidence did not establish a link between these conditions and the veteran's inservice exposure to Agent Orange.

The Board denied the veteran's claim for an earlier effective date for service connection of acneform lesions and rosacea, finding that no valid claim was filed within a year of his discharge from active service or prior to June 2, 1997.

The Board denied the veteran's claims for an increased rating for his low back disability and service connection for a bilateral knee disability, finding that the evidence did not support these claims.