Sleep apnea decisions — 2002

The veteran's sleep apnea is currently evaluated as 50 percent disabling, effective April 18, 2000. The RO granted service connection for the condition and increased the evaluation from noncompensable to 30 percent prior to that date.

The veteran's claims for increased evaluations for hallux valgus of both feet and lumbosacral strain have been denied as there is no schedular basis for initial evaluations in excess of the currently assigned ratings.

The Board has determined that the veteran's low back disability warrants a rating of 40 percent effective from June 20, 2000, based on severe impairment manifested by severe spasms, extreme pain, and substantial decrease in forward flexion.

The Board granted a 40 percent evaluation for lumbosacral strain from August 9, 2000. The veteran's claim was previously denied multiple times and remanded several times due to inconsistencies in the evidence.

The veteran's service-connected low back disability, characterized as L4-L5 degenerative disc disease with stenosis and lumbosacral strain, has been found to warrant a 40 percent evaluation due to severe symptoms including muscle spasm and pain.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 20 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 5292.

The Board has determined that the veteran's skin disorder and soft tissue mass of the right arm are not related to his military service, including exposure to Agent Orange. The claim is therefore denied.

The Board has granted a rating of 60 percent for the veteran's service-connected degenerative arthritis of the lumbosacral spine effective September 11, 2000.

The Board denied the veteran's claims for secondary service connection for neuropathy of the left lower extremity, an increased rating for PTSD, and an increased evaluation for right below knee amputation. The claim for an increased evaluation for lumbosacral strain was not addressed in this decision.

The Board found that the veteran does not have mitral valve prolapse and denied his claim for service connection. The issue of sleep apnea is addressed in a separate remand.

The Board has determined that the veteran's low back disability warranted a 10 percent evaluation from February 22, 1997, through June 17, 2001. From June 18, 2001, the evaluation was increased to 20 percent.

The veteran's lumbosacral strain with degenerative arthritis warrants a 40 percent rating. A separate 10 percent rating is assigned for the arthritis of the thoracic spine.

The veteran's service-connected conditions were not found to warrant an increased rating, resulting in a denial of his claims.

The Board found that the veteran's in-service dizzy spells were manifestations of tension headaches, and denied service connection for cardiovascular disease, to include essential hypertension, and sleep apnea. The claims for reopening DM with peripheral neuropathy and DLE were also denied as new evidence did not meet the criteria for being material.

The veteran's claims for increased evaluations for lumbosacral strain and left knee disability were denied as there is no indication of service connection issues related to exposure or other presumptive conditions.

The Board denied service connection for obstructive sleep apnea, short-term memory loss, and musculoskeletal headaches due to an undiagnosed illness. The veteran's degenerative joint disease of the lumbar spine was also not granted service connection as it is claimed as an undiagnosed illness.

The veteran's claims for various conditions were denied by the RO. The Board found that none of these conditions are related to service, and some may be secondary to asbestos exposure.

The Board found that the appellant's service-connected lumbosacral spine arthritis did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes. The current 20% disability rating is therefore denied.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for a chronic lumbosacral strain, which was previously denied in an unappealed rating decision from November 1977.

The Board has determined that the veteran's current lumbosacral spine disability is related to her service, and thus grants service connection for this condition.