Sleep apnea decisions — 2003

The Board has determined that the veteran's psychiatric disability, depression, is caused by her service-connected lumbosacral strain. The rating for lumbosacral strain has been increased to 40 percent.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for updated treatment records and a more contemporary VA examination. The RO must also comply with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board found that the veteran's service-connected lumbosacral strain does not warrant a higher disability evaluation, as his symptoms do not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has granted a 20 percent rating for the veteran's service-connected lumbosacral strain with demonstrable deformity of L1, effective as of the date of this decision.

The veteran's claims for increased ratings were denied. The RO increased the rating for lumbosacral strain to 20 percent, and denied claims for a higher rating for right hip disability.

The veteran's claim for an evaluation in excess of 10 percent for lumbosacral strain from May 6, 1993 to May 17, 1996 was denied. The claim for an evaluation in excess of 40 percent for lumbosacral strain effective May 18, 1996 was also denied.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain, finding that there was no evidence of ankylosis or other exceptional circumstances warranting higher ratings.

The Board denied the veteran's claims for a rating in excess of 40 percent for intervertebral disc syndrome and service connection for scoliosis of the lumbosacral spine and leg shortening, finding that the evidence did not meet the criteria for these benefits.

The Board has granted service connection for lumbosacral disc disease and residuals of a gunshot wound of the right calf, finding that these conditions are related to incidents during military service.

The Board has granted a 10 percent evaluation for degenerative arthritis of the thoracic spine and lumbosacral strain with degenerative arthritis, effective from October 1990.

The Board has granted service connection for hypertension and determined that the effective date for resuming VA compensation for a service-connected low back disability should be May 14, 2000.

The veteran's claim for increased non-service-connected special monthly pension based on the need for aid and attendance was denied as he is able to perform many daily activities without assistance.

The VA denied an increased evaluation for lumbosacral strain, currently rated at 20 percent.

The Board denied an evaluation in excess of 10 percent for lumbosacral strain in March 1999. The veteran's claim was remanded and the effective date for a 40 percent rating was assigned on December 7, 1998.

The Board denied compensable evaluations for the veteran's service-connected left shoulder chip fracture and lumbosacral spine degenerative joint disease, finding no functional impairment in either condition.

The VA determined that the veteran's low back disability, which is rated at 20 percent, does not meet or approximate criteria for a higher rating based on severe limitation of motion.

The Board has determined that the veteran's service-connected dysthymic disorder, lumbosacral strain, and residuals of left knee injury do not warrant a rating in excess of 30 percent.

The VA determined that the veteran's back problems are secondary to his right knee disability, but found that the aggravation is minimal and does not warrant a higher evaluation.

The veteran's low back disability has been productive of the equivalent of pronounced intervertebral disc syndrome as manifested by radiculopathy, diminished ankle jerk, limitation of motion with pain in all directions, weakness of the lumbar spine due to pain, and fatigability of the lumbar spine due to pain. The Board grants a 60 percent rating for his low back disability.

The Board found that the veteran's low back disability did not warrant a rating in excess of 20 percent prior to March 20, 1999 and between March 20, 1999 and February 22, 2000. The veteran was awarded a 40% rating for the period between these dates.