Sleep apnea decisions — 2002

The veteran's service-connected back disabilities do not meet the criteria for an increased rating or TDIU.

The Board has denied the veteran's claims for increased ratings for his service-connected lumbosacral spine disorder, left knee arthritis, left hip arthritis, and left ankle arthritis.

The Board has granted a 40 percent evaluation for lumbosacral strain and a 60 percent evaluation for degenerative disc disease of the lumbar spine, effective from April 30, 1992.

The Board has granted a 40 percent rating for the veteran's service-connected chronic lumbar strain with intervertebral disc disease, effective from November 13, 1998.

The VA denied the appellant's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his military service and his current condition.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 20 percent.

The Board denied the veteran's claim for a disability evaluation in excess of 20 percent for his lumbar strain, finding that the current manifestations do not warrant such an increase.

The Board found that the veteran's disability of the lumbosacral spine is manifested by severe limitation of motion and recurrent pain attacks with intermittent relief, warranting a 40 percent evaluation.

The Board found that the veteran's low back disability, characterized by moderate limitation of motion with pain, does not warrant a higher evaluation than the current 20 percent rating.

The Board denied the veteran's claim for TDIU due to service-connected disabilities, finding that his combined disability rating did not meet the minimum requirements for schedular or extraschedular TDIU. The veteran had worked at substantially gainful employment and was capable of performing the physical and mental acts required for such employment.

The Board has denied the veteran's claims for service connection for various conditions, including cervical spine disorder, back disorder, bilateral shoulder disorder, tinnitus, rhinitis, otitis media, and residuals of tonsillectomy. The arthritis of the knees is separately rated at 10 percent.

The Board has determined that the veteran was unemployable as of July 3, 1996 and awarded TDIU benefits effective from that date. The effective date is set at July 3, 1996.

The veteran's PTSD is rated at 50 percent since March 26, 1996. The low back disability claim has been reopened but no rating assigned yet.

The Board denied an increased rating for the veteran's service-connected low back disability, currently rated at 60 percent.

The Board denied the veteran's claims for service connection for multiple joint arthritis and a higher evaluation for his lumbosacral spine disorder, finding that there was no evidence of such conditions in service or within one year post-service. The Board also found that the current disability did not warrant an evaluation in excess of 20 percent.

The Board denied the veteran's claims for benefits under 38 U.S.C.A. § 1151 for loss of sense of smell, balance, and aggravation of sleep apnea as a result of VA medical treatment.

The Board found that the veteran's left hip disorder is not proximately due to or the result of his service-connected right knee disorder.

The Board denied the appellant's claims for increased ratings, service connection, and individual unemployability due to his service-connected disabilities. The RO also found no clear and unmistakable error in previous rating decisions.

The veteran's claim for an increased rating for lumbosacral strain and his TDIU claim were both denied. The Board found that the veteran exaggerated his symptoms, and there was no evidence of any service-connected condition related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War. The veteran's disability did not meet the criteria for a higher rating under VA's schedular guidelines.

The Board has granted a 40 percent rating for the veteran's lumbosacral spine disorder, effective from July 1993. The claim for peripheral neuropathy was reopened and service connection was established.