Sleep apnea decisions — 2009

The Board denied the Veteran's claim for service connection for a back disorder, including strain of the lumbosacral and cervical spine with superimposed psychophysiological musculoskeletal reaction, finding that new and material evidence had not been received to reopen the previously denied claims.

The Veteran's lumbosacral strain disability was found to warrant a 40 percent rating as of April 5, 2002. The current schedular evaluation is deemed adequate.

The Board denied service connection for bilateral hip and lumbosacral spine disabilities, finding that the Veteran's conditions were not incurred in or aggravated by his military service. The decision also noted that the Veteran did not meet criteria for TDIU.

The Veteran's claim for an effective date prior to June 10, 2003 for the grant of a total disability rating based on individual unemployability (TDIU) has been denied as there is no evidence showing he was unable to work solely due to his service-connected disabilities before that date.

The Veteran's sleep apnea is not considered to be caused or aggravated by his service-connected left and right knee disabilities, and therefore the claim for secondary service connection is denied.

The Veteran's service-connected lumbosacral strain was not found to warrant a rating in excess of 40 percent prior to May 21, 2008. Her claim for a compensable evaluation for her bone spur of the right foot was also denied.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain was granted, with the effective date being determined by VA.

The Veteran's claim for an increased rating for lumbosacral strain and TDIU is denied. The Board found that the available schedular evaluation adequately addressed his disability level.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher disability rating at any point.

The Veteran's claim for increased ratings for his lumbosacral strain was denied. The current rating of 10 percent is maintained prior to November 3, 2008 and since that date the maximum allowable rating of 20 percent has been granted.

The Veteran's appeal for service connection for left wrist and right shoulder disorders has been withdrawn. The claim for an initial evaluation in excess of 10 percent for lumbosacral strain with degenerative disc disease from May 29, 2003 to March 29, 2005 is denied as the disability did not meet the criteria for a higher rating during this period. From March 30, 2005, an initial evaluation in excess of 20 percent is also denied.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment due to his inability to use a standard transmission vehicle.

The Veteran's claim for a total disability rating based on individual unemployability from November 2000 to August 2001 is granted as he meets the schedular criteria and there is probative evidence of his unemployability due to service-connected disabilities.

The Veteran's service-connected low back disability, including lumbosacral strain, arthritis, and herniated nucleus pulposus, is not shown to warrant a rating in excess of 40 percent.

The Board has determined that the Veteran's osteoarthritis of the lumbosacral spine was not incurred in or aggravated by active military service and may not be presumed to have been incurred as a result of service. The preponderance of evidence is against his claim for service connection.

The Board denied the appellant's attempt to reopen his claim for service connection for retinitis pigmentosa and dismissed his allegation of clear and unmistakable error in a 1972 rating decision.

The Veteran's initial claim for a higher rating for her right knee disability was granted, but she is still seeking an increased rating. Her lumbosacral spine disorder has been presumed to be service-connected based on the presumption of soundness at entry into military service.

The Board has determined that additional development is needed to determine if the Veteran's death was caused by radiation exposure in service, and whether any of his conditions are related to service.

The Veteran's increased rating claims for his service-connected lumbar spine disability and loss of sensation in the hand were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling examinations to address the nature and etiology of various claimed conditions.