Sleep apnea decisions — 2003

The Board has determined that the veteran's right knee and back disabilities are attributable to his service-connected left knee disability.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's claim for a higher evaluation for lumbosacral strain was denied. The RO increased the rating to 40 percent effective December 21, 2000.

The Board has ordered additional development of the case, including consideration of service connection for sleep apnea and separate evaluation of arthritic joints. The RO must ensure all notification and development action required by the Veterans Claims Assistance Act of 2000 is completed.

The Board found that the veteran's cervical spine disorder and lumbosacral strain are not related to service, and denied both claims for service connection.

The Board has granted a 10 percent rating for the scar, residuals of an injury to the right anterior thigh and assigned a 10 percent rating for osteoarthritis of the lumbosacral spine.

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain due to new and material evidence received since the May 1955 rating decision. The issue will now be addressed under a merits analysis.

The Board denied the veteran's claims for an increased rating for his service-connected chronic lumbosacral strain and service connection for lumbar spine degenerative disc disease, finding that there was no evidence to support a higher rating or service connection based on the current symptoms.

The Board denied an increased initial rating for the veteran's degenerative joint disease of the lumbosacral spine, currently rated at 20 percent.

The Board found that the veteran's multiple joint pain due to an undiagnosed illness did not meet the criteria for a higher evaluation than 20 percent.

The Board denied the claim of service connection for a knee disability and denied a claim for a higher evaluation for post-operative residuals of ingrown toenails. The decision also confirmed and continued a previously assigned 10 percent rating for lumbosacral strain.

The veteran's traumatic arthritis of the lumbosacral spine is rated at 20 percent, and his pseudofolliculitis barbae is rated at 10 percent. These ratings are granted.

The Board granted a 20 percent rating for the veteran's lumbosacral spine disability and assigned an initial compensable evaluation (10%) for his degenerative changes of the thoracic spine.

The Board finds that the veteran's current chronic low back disorder, characterized as lumbosacral strain with degenerative disc disease at L-1/L-2, L-4/L-5 and L-5/S-1, was incurred in active service.

The Board granted service connection for obstructive sleep apnea, attributing it to the veteran's pre-existing jaw fracture and subsequent anatomical modifications.

The veteran's appeals for increased ratings and effective dates were dismissed due to untimely filings.,The veteran's claim of entitlement to an earlier effective date for a 100 percent rating for post-traumatic stress disorder was dismissed as untimely filed after the initial withdrawal of his appeal.,The veteran's claims regarding right ankle, left ankle, and left eye disorders were dismissed due to untimely filings.

The veteran's claims for increased evaluations for lumbosacral strain and migraine headaches were denied, with the RO continuing the 10 percent evaluations assigned to those disabilities.

The Board has reopened the veteran's claims of service connection for lumbosacral strain with scoliosis, left shoulder disorder, and chronic sinus disorder based on new evidence submitted since the August 1994 decision.

The veteran's claims for increased evaluations of his cervical and lumbosacral spine disabilities, as well as service connection for a bilateral arm disability, were denied. The Board found that the evidence did not support higher ratings or service connection.

The Board has determined that the veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and thus grants a total disability rating based on individual unemployability.