Sleep apnea Board decisions

The veteran's lumbosacral strain with degenerative arthritis warrants a 40 percent rating. A separate 10 percent rating is assigned for the arthritis of the thoracic spine.

The veteran's service-connected conditions were not found to warrant an increased rating, resulting in a denial of his claims.

The Board found that the veteran's in-service dizzy spells were manifestations of tension headaches, and denied service connection for cardiovascular disease, to include essential hypertension, and sleep apnea. The claims for reopening DM with peripheral neuropathy and DLE were also denied as new evidence did not meet the criteria for being material.

The veteran's claims for increased evaluations for lumbosacral strain and left knee disability were denied as there is no indication of service connection issues related to exposure or other presumptive conditions.

The Board denied service connection for obstructive sleep apnea, short-term memory loss, and musculoskeletal headaches due to an undiagnosed illness. The veteran's degenerative joint disease of the lumbar spine was also not granted service connection as it is claimed as an undiagnosed illness.

The veteran's claims for various conditions were denied by the RO. The Board found that none of these conditions are related to service, and some may be secondary to asbestos exposure.

The Board found that the appellant's service-connected lumbosacral spine arthritis did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes. The current 20% disability rating is therefore denied.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for a chronic lumbosacral strain, which was previously denied in an unappealed rating decision from November 1977.

The Board has determined that the veteran's current lumbosacral spine disability is related to her service, and thus grants service connection for this condition.

The Board found no evidence to support service connection for degenerative arthritis of the lumbosacral spine, as it was not incurred or aggravated by active service. The veteran's current condition is attributed to post-service injuries and osteoporosis.

The veteran meets the criteria for a 60 percent disability rating for his lower back disorder and is found to be unemployable due to service-connected disabilities, warranting a TDIU.

The Board has granted a 50 percent evaluation for the veteran's obstructive sleep apnea, effective from September 1, 1999.

The Board found that the veteran's sleep apnea was not present during service and is unrelated to his active military service, thus denying his claim for service connection.

The Board denied the veteran's claims for increased evaluations for his service-connected left knee bursitis and chronic lumbosacral strain, finding that the evidence did not support ratings higher than those assigned.

The Board has assigned the highest possible schedular disability rating (40 percent) for degenerative arthritis of the lumbosacral spine due to severe limitation of motion, and denied higher ratings based on ankylosis or other criteria. The initial rating for degenerative arthritis of the left hip is 10 percent.

The Board has determined that the appellant's service-connected lumbosacral strain warrants a 10 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 5295. The appeal for an increased rating is denied.

The VA denied the veteran's claims for a compensable evaluation for bilateral hearing loss and an increased evaluation for lumbosacral strain with narrowing of L5-S1, finding that neither condition warranted such evaluations based on current medical evidence.

The Board found that the current evaluations for impairment of the right knee, left knee, and lumbosacral strain do not adequately reflect the severity of the veteran's disabilities. The criteria for an evaluation in excess of the currently assigned ratings have not been met.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative arthritis and spinal stenosis, finding that the disability did not warrant a rating higher than 20 percent prior to August 16, 1996, or any rating greater than 40 percent on and after that date.

The VA determined that the veteran's lumbosacral strain, which was initially granted in November 1999 with a 10% evaluation, does not warrant an increase beyond this rating.