Sleep apnea Board decisions

The Board found that the veteran's low back disorder was not caused or aggravated by a service-connected disability, specifically his rib resection and amputation of part of the left scapula.

The Board of Veterans' Appeals has determined that the appellant's current mild lumbosacral strain is due to a back injury sustained in military service, and thus grants service connection for this condition.

The VA denied the veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbosacral spine, currently rated at 20 percent.

The veteran's low back disorder and gastroesophageal reflux disease were first shown during active military service, warranting service connection for these conditions.

The Board granted an increased evaluation for the appellant's service-connected left knee disability to a 60 percent rating and denied his claim for an initial disability rating in excess of 60 percent for spondylolisthesis and degenerative joint disease of the lumbosacral spine.

The veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain with degenerative disc disease and residuals of a right hemicolectomy/volvulus with spastic colitis and psychophysiologic gastrointestinal condition, finding that the evidence did not meet the criteria for an evaluation in excess of 20 percent or 30 percent, respectively.

The veteran's service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment, thus his claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is denied.

The Board has granted an effective date of May 1, 1980 for the TDIU based on the veteran's service-connected disabilities preventing him from working.

The Board has determined that the veteran's dermatofibrosarcoma protuberans warrants a 50 percent disability rating, effective November 1, 1999. The appeal is granted.

The Board has granted effective dates of August 23, 1999 for the grants of a 20% rating for lumbosacral spine strain and cervical spine strain.

The Board denied the veteran's claim for an initial disability evaluation in excess of 20 percent from April 26, 1995, and in excess of 40 percent from October 7, 1996, for service-connected low back disability. The appeal was based on a direct service connection.

The Board has determined that the veteran's right total knee replacement and lumbosacral spine arthritis and disc disease are service-connected due to aggravation of pre-existing conditions.

The Board has granted a 40 percent evaluation for lumbosacral strain from August 26, 1996. The veteran's condition is characterized by muscle spasm, narrowing of joint space in the lumbosacral spine, osteoarthritic changes, persistent low back pain, limitation of motion, and specific functional limitations associated with the back.

The Board has determined that the veteran's death was not caused by service-connected conditions, and therefore denied both his claim for service connection for the cause of death and his eligibility for Dependents' Educational Assistance under Chapter 35. The Board found no evidence linking the veteran's heart disease to any incident or condition during active military service.

The VA determined that the veteran's current back disability did not originate in service and denied his claim for service connection.

The Board found that the veteran's chronic lumbosacral strain and arthritis are not related to service, and thus denied his claim for service connection.

The Board granted service connection for the cause of the veteran's death due to exposure to Agent Orange, but assigned an effective date of September 6, 1995.

The Board has reopened the veteran's claim and found new and material evidence, but service connection for lumbosacral strain with nerve root irritation was not established.

The Board found that the veteran has not submitted a viable claim with respect to whether the May 1990 rating decision denying service connection for retinitis pigmentosa was clearly and unmistakably erroneous. The evidence received since the August 1998 rating decision, which denied entitlement to service connection for retinitis pigmentosa, is not new and material, thus preventing the veteran's claim from being reopened.