Sleep apnea decisions — 2002

The Board has determined that a 40 percent rating is warranted for the veteran's lumbosacral disc disease, based on severe limitation of lumbar motion. The decision also notes that there are no separately compensable neurologic symptoms and no incapacitating episodes in the last 12 months.

The Board denied an increased disability rating for chronic lumbosacral strain, currently evaluated as 20 percent disabling.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 10 percent.

The Board has granted an increased rating of 20 percent for the service-connected lumbar strain since the date of grant of service connection.

The Board has determined that the veteran's lumbosacral strain warrants a 40 percent rating, which is the maximum schedular rating available under Diagnostic Code 5295.

The veteran's claim for special monthly pension based on the need for regular aid and attendance was denied as he did not meet the criteria for such benefits due to his current physical condition.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine is a residual from his in-service injuries and grants service connection for this condition.

The Board denied the veteran's claim for a higher initial evaluation for lumbosacral strain, currently rated as 10 percent disabling.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting TDIU. The claim of service connection for hypertension is denied due to lack of evidence showing it was incurred in service.

The veteran's bilateral foot disability is currently rated at 30 percent, effective from May 1998. The Board finds that the current evaluation adequately reflects his symptoms and does not meet the criteria for an increased rating.

The veteran's lumbosacral strain with limitation of motion and degenerative joint disease is rated at 60 percent since July 1, 1999.

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The Board has granted the appellant's claim for service connection for acneform lesions and rosacea, evaluating it as a 10 percent disability rating effective June 2, 1997. The appeal is based on the assignment of this initial disability evaluation.

The Board has determined that the veteran's lumbosacral strain with secondary paravertebral fibromyositis warrants a rating of 40 percent, which is higher than his current 20 percent rating.

The Board has denied the appellant's claim for service connection for sleep apnea, finding that there is no direct evidence linking his current condition to his military service.

The Board denied the veteran's claims for increased ratings for lumbosacral myositis with discogenic disease L4-L5, L5-S1 and dysthymia with anxiety features. The current ratings of 40 percent and 10 percent are found to be appropriate based on the evidence of record.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, which is the highest rating assignable under the applicable diagnostic code. The veteran's symptoms more nearly approximate the criteria for this higher rating.

The Board has granted the veteran's claim for service connection for retinitis pigmentosa, finding that it was aggravated by service.

The veteran's appeal was dismissed due to the appellant withdrawing their appeal.

The veteran's claims for service connection for dysthymia, obstructive sleep apnea (insomnia, day-time hypersomnolence, memory problems, difficulty concentrating), and herpes simplex were denied. The claim for increased rating for osteoarthritis of the lumbosacral spine was granted with a 40% disability rating.