Sleep apnea decisions — 2003

The veteran's request for a higher initial rating for lumbosacral spine disc disease has been remanded due to the failure to report for a scheduled videoconference hearing. The case will be returned to the Board after scheduling another hearing.

The veteran's claims for increased ratings were denied as he failed to report for a scheduled VA examination.

The Board found that the appellant's lumbar spine degenerative disc disease is characterized by mild symptoms and does not meet the criteria for a higher evaluation. The claim for service connection of migraine headaches was also denied as there is no evidence indicating the disorder had its onset in service.

The veteran is seeking an increased evaluation for his service-connected degenerative disc disease and recurrent chronic lumbosacral strain, L5-S1. The RO has continued the current 20 percent rating but the Board finds insufficient medical evidence to make a conclusive finding regarding the severity of his symptoms.

The Board has remanded the case due to recent court decisions and new evidence received, requiring further review by the RO.

The Board found that the veteran's lumbosacral spondylosis with degenerative joint disease is not more than 40 percent disabling according to the schedular criteria, and thus denied his claim for an increased rating.

The Board has granted service connection for the compression fracture of the L1 vertebra. The issue of chronic lumbosacral strain is also addressed, and the veteran's claim for special monthly compensation benefits on account of being housebound remains pending.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, which do not prevent him from engaging in substantially gainful employment.

The veteran's appeal is being remanded to the RO for additional development and consideration of his claims, including compliance with Veterans Claims Assistance Act of 2000 requirements.

The veteran's right knee disability was rated at 20 percent from March 15, 1996, to October 28, 1998. From October 28, 1998, to October 1, 2001, the rating increased to 30 percent. After that date, a separate evaluation of 20 percent was granted.,For chronic lumbosacral strain with right-sided numbness, an initial 10 percent evaluation was assigned from March 15, 1996, and later upgraded to 20 percent effective October 21, 1999.

The Board denied service connection for the claimed disabilities, finding that there was no evidence of a nexus between the veteran's current conditions and his military service.

The Board has determined that the veteran's degenerative changes in his lumbosacral spine, right knee, and left knee are not due to any incident of service. The claims for service connection have been denied.

The veteran's service-connected disabilities, including degenerative disc disease with lumbosacral strain and a right rib fracture, have resulted in the loss of use of his lower extremities. The Board has granted certificates of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant, as well as for purchasing an automobile or other conveyance and adaptive equipment.

The Board granted an increased rating of 10 percent for degenerative joint disease of the left knee and a continued 10 percent disability rating for degenerative joint disease of the lumbosacral spine.

The Board denied the veteran's claims for service connection for degenerative disc disease and an increased rating for lumbosacral strain, finding no evidence of a relationship between his current conditions and his active duty service.

The Board granted service connection for the veteran's degenerative joint disease of the cervical spine, finding that it was proximately due to or the result of his service-connected low back conditions.

The Board has remanded the case for additional development, including VA examinations and consideration of revised rating criteria.

The veteran's PTSD was granted service connection effective September 2, 1997. The RO assigned a higher rating for the psychiatric disability from that date.,From September 2, 1997 to November 13, 2000, the veteran's PTSD was manifested by reduced reliability and productivity due to symptoms such as flattened affect, panic attacks, disturbances of motivation and mood, and difficulty establishing social relationships. The RO assigned a rating of 50 percent for this period.,From September 23, 1999 to November 13, 2000, the veteran's chronic lumbosacral strain was manifested by limitation of motion and muscle spasm. The RO assigned a rating of 20 percent for this period.,On and after November 14, 2000, the veteran's chronic lumbosacral strain included degenerative joint disease and disc disease, resulting in severe limitation of motion. The RO assigned a rating of 40 percent for this period.

The Board has determined that the veteran's chronic lumbosacral strain/sprain syndrome is related to a service-connected injury, and thus grants service connection for this condition.