Sleep apnea Board decisions

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.

The Veteran's initial ratings for left ulnar mononeuropathy status post left ulnar submuscular transposition and lumbosacral pseudoarthrosis have been denied as his symptoms do not meet the criteria for higher evaluations under applicable VA rating criteria.

The Veteran's service-connected chronic lumbosacral strain with degenerative disc disease and osteoarthritis is rated at 20 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The residuals of left hip contusion are not shown to warrant a higher rating.

The Board has determined that the Veteran's lumbosacral strain had its onset in active service and is related to his military service, granting service connection for this condition.

The Veteran's claim for an increased evaluation of his lumbosacral strain was denied. The Board found that the preponderance of evidence did not support a higher rating based on current criteria, as his condition did not meet the requirements for a higher evaluation under the applicable Diagnostic Codes.

The Veteran's claim for a higher rating for his lumbosacral strain disability was denied as the evidence did not show that his disability warranted a rating higher than 20 percent.

The Board found that the Veteran's lumbosacral strain does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board denied the Veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran is seeking service connection for sleep apnea. The Board has determined that a VA examination and opinion are needed to assess the nature and etiology of any current sleep apnea disability, including whether it is related to symptoms noted in service or caused by his service-connected allergic rhinitis.

The Board denied the Veteran's claims of service connection for a lumbosacral spine disability and bilateral knee disabilities, finding that new and material evidence had not been submitted to reopen these claims.

The Veteran's service-connected digestive disorder, characterized by prolapse of the antral mucosa, does not meet the criteria for a higher rating as it is currently rated at 20 percent. The evidence does not show impairment of health manifested by anemia and weight loss; or recurrent incapacitating episodes averaging 10 days or more in duration at least four times a year.

The Veteran's low back disability was found to not meet the criteria for higher ratings from December 14, 2004 to May 23, 2007. From May 24, 2007 onwards, her disability has been rated at 10 percent for lumbosacral strain and 10 percent each for radiculopathy in the left and right lower extremities.

The Veteran's claims for increased ratings and service connection were denied. Service connection was granted for right knee degenerative changes, but the Veteran is not entitled to a higher rating as his disability picture does not meet the criteria for a 20 percent evaluation under Diagnostic Code 5261.