Sleep apnea decisions — 2002

The veteran's claims for an effective date prior to February 9, 1998 and a rating in excess of 50 percent for his service-connected low back disability were denied. His claim for TDIU was also denied.

The Board has denied the appellant's claims for service connection for a pulmonary disorder, gastrointestinal disorder, sleep apnea, and hepatitis. The Board found that there was no evidence of chronic conditions in service or for many years thereafter.

The Board denied service connection for the cause of the veteran's death, finding that there was no competent medical evidence linking his service-connected disabilities to his fatal heart and respiratory conditions.

The VA denied the veteran's request for an increased rating of his lumbosacral strain, superimposed on bilateral sacralization of L5, currently evaluated as 40 percent disabling.

The Board denied entitlement to increased ratings for cervical and lumbosacral spine disabilities, for the period prior to January 21, 1992. The claim of service connection for left carpal tunnel syndrome was also addressed.

The veteran's appeal is granted, and he is awarded a rating of 30 percent for his service-connected postoperative residuals of fracture, left distal tibia and fibula, with posterior tibial and common peroneal nerve damage. The other issues are denied.

The Board denied the veteran's claims for service connection for nocturnal myoclonus and central-type sleep apnea, finding that there was no evidence of a causal relationship between these conditions and either service or his service-connected cervical spine and low back disorders.

The veteran's service-connected back disability is currently rated at 40 percent, but the Board finds that his condition does not warrant a higher rating based on current evidence.

The veteran meets the criteria for a 60 percent disability rating for her lower back disorder, which includes intervertebral disc syndrome.

The veteran's appeal has been dismissed due to his death.

The Board found no evidence of a link between the veteran's current lumbar spine disability and his service, including any in-service injury. The claim was denied.

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

The Board has determined that the veteran's lumbosacral strain and bilateral pes planus do not warrant increased evaluations as there is no evidence of muscle spasm on extreme forward bending or unilateral loss of lateral spine motion in standing position, which are required for a higher evaluation under Diagnostic Code 5295.

The Board has granted a 20% rating for the veteran's service-connected lumbosacral strain and internal derangement of the right knee, effective from the date of the June 1993 rating decision. The veteran is not entitled to an increased rating for either condition.

The Board denied the veteran's claim for a temporary total rating for convalescence following March 2000 lumbar disc surgery, finding that his convalescence was not due to a service-connected disability.

The Board has granted service connection for lumbosacral scoliosis with degenerative disc disease of the lumbar spine and degenerative joint disease of the lumbosacral spine, finding that these conditions are more likely than not due to the veteran's preexisting lumbosacral scoliosis which was aggravated during service.

The Board granted a 40 percent evaluation for the appellant's degenerative disc disease of the lumbosacral spine with degenerative arthritis and bilateral facet hypertrophy, effective from June 23, 1997.

The Board denied an increased rating for lumbosacral strain, finding that the evidence supported a 10 percent disability evaluation.

The VA has denied the veteran's claim for an increased initial evaluation of his service-connected rosacea, currently rated at 10 percent.

The Board has granted a 60 percent rating for the veteran's low back disorder, which encompasses lumbosacral strain and degenerative disc disease. The maximum rating under Diagnostic Code 5293 is assigned due to persistent symptoms of intervertebral disc syndrome with sciatic neuropathy.