Sleep apnea decisions — 2002

The Board found no evidence to support service connection for degenerative arthritis of the lumbosacral spine, as it was not incurred or aggravated by active service. The veteran's current condition is attributed to post-service injuries and osteoporosis.

The veteran meets the criteria for a 60 percent disability rating for his lower back disorder and is found to be unemployable due to service-connected disabilities, warranting a TDIU.

The Board has granted a 50 percent evaluation for the veteran's obstructive sleep apnea, effective from September 1, 1999.

The Board found that the veteran's sleep apnea was not present during service and is unrelated to his active military service, thus denying his claim for service connection.

The Board denied the veteran's claims for increased evaluations for his service-connected left knee bursitis and chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board has assigned the highest possible schedular disability rating (40 percent) for degenerative arthritis of the lumbosacral spine due to severe limitation of motion, and denied higher ratings based on ankylosis or other criteria. The initial rating for degenerative arthritis of the left hip is 10 percent.

The Board has determined that the appellant's service-connected lumbosacral strain warrants a 10 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 5295. The appeal for an increased rating is denied.

The VA denied the veteran's claims for a compensable evaluation for bilateral hearing loss and an increased evaluation for lumbosacral strain with narrowing of L5-S1, finding that neither condition warranted such evaluations based on current medical evidence.

The Board found that the current evaluations for impairment of the right knee, left knee, and lumbosacral strain do not adequately reflect the severity of the veteran's disabilities. The criteria for an evaluation in excess of the currently assigned ratings have not been met.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative arthritis and spinal stenosis, finding that the disability did not warrant a rating higher than 20 percent prior to August 16, 1996, or any rating greater than 40 percent on and after that date.

The VA determined that the veteran's lumbosacral strain, which was initially granted in November 1999 with a 10% evaluation, does not warrant an increase beyond this rating.

The Board granted service connection for the veteran's lumbosacral strain and assigned a 10 percent evaluation effective from June 1, 1965. The RO also granted service connection for degenerative disc disease of L4-S1 with radiculopathy and assigned a 40 percent evaluation effective from May 15, 1997. The veteran's fractured left fibula was rated as noncompensable. Bilateral hearing loss was not considered due to lack of evidence.

The veteran's claims for increased ratings have been denied as the evidence does not support a higher evaluation under applicable diagnostic codes.

The Board granted the veteran's claims for increased disability ratings for various service-connected conditions, including patellofemoral syndrome of both knees, lumbosacral strain, left shoulder strain, a left foot spur, and onychomycosis. The effective date is not specified in the decision.

The Board denied the veteran's claim for an increased evaluation for his lumbosacral strain with arthritis, finding that the condition has been manifested by a lengthy history of back complaints but not shown to warrant a rating in excess of 40 percent.

The veteran's service-connected cervical spine and lumbosacral spine conditions are currently rated at 10 percent, but the Board finds that a higher rating is not warranted for either condition.

The veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine was denied. His claim for service connection for bilateral hip replacements, claimed as secondary to his back disability, was also denied.

The Board has determined that the veteran's service-connected low back disability does not warrant a rating in excess of 20 percent, and his right knee and dermatitis disabilities do not warrant ratings higher than 10 percent.

The Board denied the veteran's claims for increased ratings for his right shoulder disability, lumbosacral strain, and antral gastritis and duodenitis. The appeals were not about service connection.

The Board granted an effective date of November 17, 1997 for a 20 percent evaluation for intervertebral disc syndrome of the lumbosacral spine.