Sleep apnea decisions — 2002

The Board has determined that the effective date for service connection of retinitis pigmentosa should be June 27, 1985, as there was clear and unmistakable error in the November 1985 rating decision denying the claim.

The Board has granted service connection for retinitis pigmentosa effective from September 27, 1995. The veteran's claim was reopened based on new evidence received after the initial denial in 1985.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for her service-connected lumbosacral strain with herniated lumbar disc at L4-5, finding that her symptomatology was consistent with a 20 percent evaluation under Diagnostic Code 5293.

The Board denied the veteran's claims for reopening his service connection claims for hypertension with coronary artery disease, psoriasis, and lumbosacral strain due to lack of new and material evidence.

The veteran's lumbosacral strain with degenerative changes is currently rated at 20 percent, which reflects the severity of his symptoms and functional limitations.,The veteran's residuals of a shell fragment wound of the left hand are currently rated at 10 percent, reflecting the presence of pain without other significant complications such as ulceration or malnutrition of the scar.

The Board has granted an increased rating of 30 percent for asthma and denied a noncompensable evaluation for obstructive sleep apnea with uvulopalatopharyngoplasty.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and clarifying whether he is also claiming service connection for additional back disability.

The Board granted an initial evaluation of 20 percent for the veteran's low back disorder, effective March 25, 1998. The disability was characterized as lumbosacral strain and lumbar spine disk disease.

The veteran's claim for an earlier effective date for nonservice-connected disability pension benefits was granted, with the effective date set at September 15, 1997.

The Board granted service connection for sleep apnea and assigned a 30 percent evaluation. The RO also granted service connection for deviated nasal septum, but the appellant's appeal regarding this issue is not perfected as he has only appealed the rating assigned.

The Board found that the veteran's current low back pain and osteoarthritis were not related to service, including a motor vehicle accident in 1962. The claim for service connection was denied.

The Board granted an increased rating to 40 percent for the veteran's chronic lumbar spine disability, finding that it resulted in severe impairment.

The Board denied the veteran's claims for service connection for loss of use of the lower extremities as secondary to residuals of emphysema and financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile, finding that there was no evidence of 'loss of use' of a lower extremity due to service-connected disability.

The Board denied the veteran's claim for an earlier effective date for a TDIU rating, finding that the effective date should be fixed in accordance with the facts found but not earlier than October 7, 1996 due to the new regulatory criteria set forth in Diagnostic Code 6847.

The Board denied the veteran's claims for initial ratings for spinal arthritis and bursitis of the right shoulder, finding that neither condition warranted a rating in excess of noncompensable.

The veteran's low back disability, including arthritis and a scar, is considered to be the result of injuries sustained during military service.

The Board denied service connection for the claimed conditions, finding no evidence of a nexus between the disabilities and military service.

The VA determined that the veteran's chronic lumbosacral strain does not meet the criteria for a higher evaluation than 40 percent.

The veteran's appeal is denied as the RO has not assigned an earlier effective date for his total disability rating based on individual unemployability.

The veteran's claims for increased ratings and service connection were denied. The thoracic strain with degenerative arthritis was evaluated at the maximum disability rating, while lumbosacral strain with degenerative arthritis received separate evaluations prior to May 10, 1999 and from that date onwards. Duodenal ulcer with hiatal hernia did not meet criteria for a higher than 20 percent evaluation. Bilateral hearing loss was found to be noncompensable.