Sleep apnea Board decisions

The veteran's statutory period of eligibility for vocational rehabilitation under Chapter 31 has expired, and the criteria for extension of that period for purposes of retroactive induction into a vocational rehabilitation training program for payment of a Juris Doctor degree are not met.

The Board has granted the appellant's claim for service connection for acneform lesions and rosacea, evaluating it as a 10 percent disability rating effective June 2, 1997. The appeal is based on the assignment of this initial disability evaluation.

The Board has determined that the veteran's lumbosacral strain with secondary paravertebral fibromyositis warrants a rating of 40 percent, which is higher than his current 20 percent rating.

The Board has denied the appellant's claim for service connection for sleep apnea, finding that there is no direct evidence linking his current condition to his military service.

The Board denied the veteran's claims for increased ratings for lumbosacral myositis with discogenic disease L4-L5, L5-S1 and dysthymia with anxiety features. The current ratings of 40 percent and 10 percent are found to be appropriate based on the evidence of record.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, which is the highest rating assignable under the applicable diagnostic code. The veteran's symptoms more nearly approximate the criteria for this higher rating.

The Board has granted the veteran's claim for service connection for retinitis pigmentosa, finding that it was aggravated by service.

The veteran's appeal was dismissed due to the appellant withdrawing their appeal.

The veteran's claims for service connection for dysthymia, obstructive sleep apnea (insomnia, day-time hypersomnolence, memory problems, difficulty concentrating), and herpes simplex were denied. The claim for increased rating for osteoarthritis of the lumbosacral spine was granted with a 40% disability rating.

The veteran's sleep apnea is currently evaluated as 50 percent disabling, effective April 18, 2000. The RO granted service connection for the condition and increased the evaluation from noncompensable to 30 percent prior to that date.

The veteran's claims for increased evaluations for hallux valgus of both feet and lumbosacral strain have been denied as there is no schedular basis for initial evaluations in excess of the currently assigned ratings.

The Board has determined that the veteran's low back disability warrants a rating of 40 percent effective from June 20, 2000, based on severe impairment manifested by severe spasms, extreme pain, and substantial decrease in forward flexion.

The Board granted a 40 percent evaluation for lumbosacral strain from August 9, 2000. The veteran's claim was previously denied multiple times and remanded several times due to inconsistencies in the evidence.

The veteran's service-connected low back disability, characterized as L4-L5 degenerative disc disease with stenosis and lumbosacral strain, has been found to warrant a 40 percent evaluation due to severe symptoms including muscle spasm and pain.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine warrants a 20 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 5292.

The Board has determined that the veteran's skin disorder and soft tissue mass of the right arm are not related to his military service, including exposure to Agent Orange. The claim is therefore denied.

The Board has granted a rating of 60 percent for the veteran's service-connected degenerative arthritis of the lumbosacral spine effective September 11, 2000.

The Board denied the veteran's claims for secondary service connection for neuropathy of the left lower extremity, an increased rating for PTSD, and an increased evaluation for right below knee amputation. The claim for an increased evaluation for lumbosacral strain was not addressed in this decision.

The Board found that the veteran does not have mitral valve prolapse and denied his claim for service connection. The issue of sleep apnea is addressed in a separate remand.

The Board has determined that the veteran's low back disability warranted a 10 percent evaluation from February 22, 1997, through June 17, 2001. From June 18, 2001, the evaluation was increased to 20 percent.