Sleep apnea Board decisions

The Board has granted an increased evaluation for the veteran's lumbosacral strain and found that new and material evidence has been submitted to reopen his claim for service connection for generalized osteoarthritis. The effective date of service connection for thoracic back strain is set at March 24, 1971.

The Board found that the veteran's osteosarcoma of the left mandible did not begin during service and was not caused by any incident of service, thus denying his claim for service connection.

The Board has determined that the appellant's need for regular aid and attendance is established, given her physical and mental incapacities. Her claim for additional allowance based on this need is granted.

The Board denied service connection for residuals of head injury and sleep apnea, finding no new and material evidence to reopen the claims. The veteran's current sleep apnea was not shown in service or related to his service-connected conditions.

The veteran's lumbosacral spine disorder is currently rated at 40 percent, the maximum schedular rating available for this disability.

The Board denied the veteran's claims for higher ratings for his service-connected left and right knee disabilities, as well as his residual stab wound scar in the area of the left kidney and lumbosacral strain. The RO subsequently granted these claims with no percent ratings effective from June 1996.

The Board denied the veteran's claims for increased disability ratings for left shoulder impingement syndrome, residuals of a left wrist fracture, and recurrent lumbosacral strain.

The Board denied the veteran's claims for service connection for arthritis of the lumbosacral spine and generalized arthritis, as well as his increased rating claims for hypertension, right knee chondromalacia with degenerative joint disease, left knee chondromalacia with degenerative joint disease, and instability. The veteran did not manifest these conditions during service or at any time thereafter.

The Board has determined that the veteran's low back disability, characterized by pronounced intervertebral disc syndrome with significant pain and muscle spasm, warrants a 60 percent evaluation under Diagnostic Code 5293.

The Board has determined that a 40 percent rating is warranted for the veteran's lumbosacral disc disease, based on severe limitation of lumbar motion. The decision also notes that there are no separately compensable neurologic symptoms and no incapacitating episodes in the last 12 months.

The Board denied an increased disability rating for chronic lumbosacral strain, currently evaluated as 20 percent disabling.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain, currently rated at 10 percent.

The Board has granted an increased rating of 20 percent for the service-connected lumbar strain since the date of grant of service connection.

The Board has determined that the veteran's lumbosacral strain warrants a 40 percent rating, which is the maximum schedular rating available under Diagnostic Code 5295.

The veteran's claim for special monthly pension based on the need for regular aid and attendance was denied as he did not meet the criteria for such benefits due to his current physical condition.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine is a residual from his in-service injuries and grants service connection for this condition.

The Board denied the veteran's claim for a higher initial evaluation for lumbosacral strain, currently rated as 10 percent disabling.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting TDIU. The claim of service connection for hypertension is denied due to lack of evidence showing it was incurred in service.

The veteran's bilateral foot disability is currently rated at 30 percent, effective from May 1998. The Board finds that the current evaluation adequately reflects his symptoms and does not meet the criteria for an increased rating.

The veteran's lumbosacral strain with limitation of motion and degenerative joint disease is rated at 60 percent since July 1, 1999.