Sleep apnea decisions — 2002

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for lumbosacral strain with sclerosis and a compensable evaluation for bilateral hearing loss, finding that his conditions did not warrant higher ratings based on the evidence provided.

The VA determined that the veteran's lumbosacral strain does not warrant a higher rating than the current 20 percent.

The veteran's service-connected chronic lumbosacral strain is currently manifested by symptomatology consisting of muscle spasm on extreme forward bending and pain on motion with recurring episodes of low back pain relieved with conventional therapy and nonprescription medication. The criteria for an increased evaluation greater than 20 percent have not been met.

The veteran's service-connected disabilities (lumbosacral spine disability, residuals of a right thigh GSW, and status post arthroplasty, right knee) prevent him from maintaining substantially gainful employment. The Board finds that the criteria for establishing entitlement to TDIU are met.

The Board found that the veteran's lumbosacral strain with minimal degenerative changes is currently evaluated at 20 percent and does not warrant a higher rating.

The Board denied the appellant's claim for an increased evaluation of his lumbar spine disability, finding that the current level of disability is consistent with moderate lumbosacral strain or moderate limitation of motion. The July 1969 rating decision assigning a single 30 percent evaluation for GSW residuals was not found to contain clear and unmistakable error (CUE).

The veteran's TDIU was granted effective from June 12, 1985 due to his service-connected disabilities preventing him from engaging in substantially gainful employment since that date.

The veteran's service-connected disabilities, including back and leg injuries, have caused him to be unable to maintain substantially gainful employment due to his pain and limited mobility.

The Board has remanded the case for further development and readjudication, including obtaining additional medical evidence and scheduling a VA examination.

The veteran's claim for an earlier effective date for service connection of his lumbosacral spine disability was denied as the RO found that no new and material evidence had been submitted to reopen the previously denied claims.

The veteran's claims for increased evaluations of his left ankle fracture and lumbosacral strain were denied, while the appeal regarding service connection for a right shoulder disability and a left index finger injury was dismissed due to lack of timely substantive appeal.

The Board has granted an increased evaluation for the veteran's lumbosacral strain and found that new and material evidence has been submitted to reopen his claim for service connection for generalized osteoarthritis. The effective date of service connection for thoracic back strain is set at March 24, 1971.

The Board found that the veteran's osteosarcoma of the left mandible did not begin during service and was not caused by any incident of service, thus denying his claim for service connection.

The Board has determined that the appellant's need for regular aid and attendance is established, given her physical and mental incapacities. Her claim for additional allowance based on this need is granted.

The Board denied service connection for residuals of head injury and sleep apnea, finding no new and material evidence to reopen the claims. The veteran's current sleep apnea was not shown in service or related to his service-connected conditions.

The veteran's lumbosacral spine disorder is currently rated at 40 percent, the maximum schedular rating available for this disability.

The Board denied the veteran's claims for higher ratings for his service-connected left and right knee disabilities, as well as his residual stab wound scar in the area of the left kidney and lumbosacral strain. The RO subsequently granted these claims with no percent ratings effective from June 1996.

The Board denied the veteran's claims for increased disability ratings for left shoulder impingement syndrome, residuals of a left wrist fracture, and recurrent lumbosacral strain.

The Board denied the veteran's claims for service connection for arthritis of the lumbosacral spine and generalized arthritis, as well as his increased rating claims for hypertension, right knee chondromalacia with degenerative joint disease, left knee chondromalacia with degenerative joint disease, and instability. The veteran did not manifest these conditions during service or at any time thereafter.

The Board has determined that the veteran's low back disability, characterized by pronounced intervertebral disc syndrome with significant pain and muscle spasm, warrants a 60 percent evaluation under Diagnostic Code 5293.