Sleep apnea decisions — 2003

The veteran is seeking service connection for a low back condition (lumbosacral discogenic disease) that he claims is secondary to his already service-connected right and left knee conditions. The case has been remanded due to the need for a videoconference hearing.

The Board denied an increased rating for the veteran's service-connected myositis, lumbosacral paravertebral disability, finding that the current 20% rating adequately reflects the severity of his condition.

The Board has granted a disability rating of 60 percent for the veteran's service-connected hypertrophic osteoarthritis, lumbosacral vertebra, which more nearly approximates pronounced intervertebral disc syndrome.

The Board has determined that the veteran's residuals of a lumbosacral injury warrant a 40 percent evaluation, reflecting severe limitation of motion.

The veteran's service-connected lumbar disability results in the need for regular aid and attendance of another person due to his inability to dress, undress himself, or keep himself clean and presentable.

The Board found no evidence of a back disorder in service or within one year thereafter, and concluded that the veteran's current degenerative disc disease is not related to his military service.

The veteran's claim for an initial disability rating in excess of 10 percent for lumbosacral strain with degenerative joint disease from October 7, 1996 to December 19, 2000 was denied. The claim for a higher evaluation after December 19, 2000 was also denied.

The veteran's residuals of gastric ulcer surgery are related to his service-connected osteoarthritis of the left knee, and thus service connection is granted. The claims for hepatitis C, a left shoulder disorder, and reopening of lumbosacral spine disc disease claim are remanded.

The Board denied the veteran's claims for an increased rating for bronchial asthma and service connection for sleep apnea, finding that his sleep apnea was not related to his service-connected bronchial asthma.

The veteran's service connection for lumbosacral strain with disc disease was granted, and he is now receiving a 20% evaluation. The other claims were denied.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral spine disability due to the appellant's failure to report for a necessary VA examination.

The Board denied the veteran's claims for increased ratings for lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating during the periods in question.

The Board denied the veteran's claim for service connection for a low back disability, finding no evidence of a current disability that was incurred or aggravated by service.

The Board of Veterans' Appeals has determined that the appellant is entitled to service connection for retinitis pigmentosa, finding that symptoms indicative of this condition were first experienced during military service and resolving any reasonable doubt in favor of the claimant.

The RO increased the evaluation for chondromalacia of the right knee with meniscal tear from zero to 20 percent, effective February 1998. The other conditions and issues remain unchanged.

The Board denied the veteran's claim for an increased disability rating for his service-connected post-operative lumbosacral strain with degenerative disc disease of L5-S1, currently evaluated at 60 percent.

The Board found that the veteran's disability did not warrant a rating greater than 20 percent, as his symptoms did not meet the criteria for more severe evaluations.

The veteran developed chronic obstructive sleep apnea during service and the Board finds that it was incurred in active duty.

The Board denied the veteran's claims for increased ratings for PTSD and residuals of left salpingo-oophorectomy, finding that her symptoms did not warrant higher schedular ratings.

The Board denied increased ratings for the appellant's service-connected lumbosacral strain and postoperative residuals of right hallux varus, finding that the evidence did not warrant a higher rating. The claim to reopen the previously denied claim for shortening of the right leg with hip pain was also denied.