Sleep apnea Board decisions

The Board has determined that the veteran was unemployable as of July 3, 1996 and awarded TDIU benefits effective from that date. The effective date is set at July 3, 1996.

The veteran's PTSD is rated at 50 percent since March 26, 1996. The low back disability claim has been reopened but no rating assigned yet.

The Board denied an increased rating for the veteran's service-connected low back disability, currently rated at 60 percent.

The Board denied the veteran's claims for service connection for multiple joint arthritis and a higher evaluation for his lumbosacral spine disorder, finding that there was no evidence of such conditions in service or within one year post-service. The Board also found that the current disability did not warrant an evaluation in excess of 20 percent.

The Board denied the veteran's claims for benefits under 38 U.S.C.A. § 1151 for loss of sense of smell, balance, and aggravation of sleep apnea as a result of VA medical treatment.

The Board found that the veteran's left hip disorder is not proximately due to or the result of his service-connected right knee disorder.

The Board denied the appellant's claims for increased ratings, service connection, and individual unemployability due to his service-connected disabilities. The RO also found no clear and unmistakable error in previous rating decisions.

The veteran's claim for an increased rating for lumbosacral strain and his TDIU claim were both denied. The Board found that the veteran exaggerated his symptoms, and there was no evidence of any service-connected condition related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War. The veteran's disability did not meet the criteria for a higher rating under VA's schedular guidelines.

The Board has granted a 40 percent rating for the veteran's lumbosacral spine disorder, effective from July 1993. The claim for peripheral neuropathy was reopened and service connection was established.

The Board found that a timely notice of disagreement was filed in October 1999, reinstating the appeal. The February 1998 rating decision granting service connection for lumbosacral strain and thoracic and left trapezius strain is considered granted.

The Board has granted service connection for sleep apnea as secondary to the veteran's service-connected rhinosinusitis.

The Board has determined that the veteran's service-connected chronic lumbosacral strain warrants a 40 percent evaluation, which is the maximum schedular rating available under Diagnostic Codes 5289, 5292, and 5293. The veteran also received a separate 10 percent rating for demonstrable deformity of a vertebral body. No higher ratings are warranted based on the evidence provided.

The veteran's service-connected disabilities are so disabling that he requires regular aid and attendance, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Board denied an increased rating for the veteran's lumbosacral strain with mild disc bulging and protrusion, finding that there was no evidence of more than a slight limitation of motion or intervertebral disc syndrome.

The Board has determined that the veteran's claim of service connection for lumbosacral strain was denied in February 1984 and no new and material evidence has been received to reopen this claim. The other issues on appeal have not been decided.

The Board has restored the veteran's rating for his service-connected back disorder from 60% to 50%, effective July 1, 1982. The TDIU rating was also reinstated as of June 22, 1989.

The VA determined that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.

The Board has determined that the veteran's service-connected lumbosacral strain does not warrant a disability rating in excess of 20 percent.

The veteran's claims for increased ratings and service connection were denied. The TDIU claim was granted with a 20% rating.

The Board denied the veteran's claim of service connection for a back disorder, finding that his current symptoms are due to a pre-existing condition and not related to his military service.