Sleep apnea decisions — 2003

The Board has granted a maximum schedular rating of 40 percent for the veteran's lumbosacral strain, which is currently rated at 20 percent.

The Board has determined that the veteran's osteoarthritis, including of the left ankle and lumbosacral spine, hips, and knees, was incurred in active service. The RO previously denied these claims due to lack of evidence linking them to service.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 20 percent evaluation, as her symptoms are primarily manifested by nonservice-connected disc disease and not service-connected lumbar strain.

The Board denied the veteran's claims of service connection for chronic sinusitis, back disorder, recurrent abdominal pain, and sleep apnea. The Board found that there was no evidence linking these conditions to active service.

The Board found that the veteran's sleep apnea did not require a breathing assistance device such as a CPAP machine prior to March 1, 2002. Therefore, he was denied an evaluation in excess of 30 percent for this period.

The Board denied an increased evaluation for the veteran's service-connected lumbosacral strain, finding that the current 20 percent rating adequately reflects his disability.

The Board denied the veteran's claims for higher ratings and service connection, finding no current disabilities or evidence of in-service injuries that would support these claims.

The Board has determined that the veteran's currently manifested bilateral hearing loss and sleep apnea are related to his active service, and thus grants service connection for these conditions.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine, a rating in excess of 20 percent for lumbar spine injury residuals, and TDIU due to his service-connected disability.

The veteran's claim for an increased rating for his lumbosacral strain disability is being remanded due to the need for additional VA examinations and development of records.

The veteran is seeking an earlier effective date for a 20% rating for her service-connected degenerative joint disease of the lumbosacral spine. The Board has determined that no such claim was pending prior to June 24, 1998.

The veteran's service-connected disabilities (depressive reaction, schizoaffective disorder, and lumbosacral strain) prevent him from securing and following a substantially gainful occupation.

The veteran's claims for increased evaluations of his low back and cervical spine disabilities were denied by the Board. The low back disability was rated at 40 percent, while the cervical spine disability remained at 10 percent.

The veteran's service-connected disabilities are being reviewed to determine if they render him in need of aid and attendance or housebound, given his recent medical deterioration.

The veteran's claims for increased ratings were denied as the evidence did not show that his service-connected disabilities warranted higher evaluations.

The veteran's low back disability was increased to a 100 percent rating effective from July 24, 2002 due to surgery and convalescence. The RO then reduced the evaluation for his low back disability to 20 percent effective October 1, 2002. A separate 20 percent evaluation was assigned for associated left leg neurological deficits.

The Board has granted a 60 percent rating for the veteran's lumbosacral strain with degenerative disc disease, which is the highest schedular rating available under Diagnostic Code 5293.

The veteran's appeal was dismissed due to his death, and no issues related to service connection were addressed.

The veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of her claimed low back disability and reflux disease.

The veteran's claim for an increased rating for her service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000 (VCAA).