Sleep apnea Board decisions

The Board denied the veteran's claim for an effective date prior to September 16, 1998, for a grant of service connection for arthralgia of the lumbosacral spine with scoliosis. The decision stated that the effective date was November 10, 1998, as it was the date of receipt of his reopened claim.

The veteran has an employment handicap and meets the criteria for basic entitlement to vocational rehabilitation benefits under Chapter 31, Title 38, United States Code.

The veteran's death was attributed to a cerebrovascular accident due to cerebrovascular disease, with coronary artery disease as a significant contributing factor. The Board denied the claim of service connection for the cause of death, finding that stress from his service-connected disabilities did not contribute substantially or materially to his death.

The veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board has granted a 40 percent evaluation for the veteran's service-connected spina bifida occulta with injury to the lumbosacral spine, which is the highest rating available under applicable rating codes.

The Board denied the claim for an earlier effective date for a TDIU due to service-connected disabilities, finding that the earliest date of entitlement was May 14, 1996.

The Board has granted a higher rating of 40 percent for the service-connected lumbosacral strain, and it is unclear whether new evidence supports reopening the claim for psychiatric disorder.

The Board has granted a 60 percent evaluation for lumbosacral strain with degenerative disc disease and arthritis, effective from August 31, 2001.

The Board has granted an initial rating of 40 percent for lumbosacral sacroiliac strain, the maximum available under VA's rating criteria.

The VA has granted an increased rating of 40 percent for the veteran's service-connected degenerative joint disease (DJD) of the lumbosacral spine, effective December 1997. The claim for secondary service connection for bipolar disorder is also granted.

The Board denied a separate compensable evaluation for lumbosacral strain apart from the service-connected ankylosing spondylitis of the spine.

The Board has determined that additional evidence is needed to properly evaluate the veteran's current level of disability and service-connected lumbosacral strain. The case is therefore being remanded for further development.

The veteran's service-connected lumbosacral strain disability was rated at 20 percent from January 4, 1993 to June 13, 1993 and increased to 40 percent from June 14, 1993. Since June 21, 2001, the disability has been rated as 60 percent.

The Board found that the veteran's service-connected lumbar strain with herniated nucleus pulposus at L4-5 and L5-S1 does not warrant a higher rating as it did not meet the criteria for severe or pronounced intervertebral disc syndrome, nor did it meet the criteria for ankylosis of the spine.

The Board denied service connection for lumbosacral strain and arthritis of the lumbar spine, as well as service connection for piriformis syndrome of the left hip.

The Board has granted service connection for fibromyalgia, impotence, sleep apnea with fatigue, hair loss, and irritable bowel syndrome as undiagnosed illnesses incurred during the Gulf War.

The Board has found that new and material evidence has been presented to reopen the veteran's claim of service connection for degenerative disc disease of the lumbosacral spine.

The veteran's chronic disabilities, including a psychiatric condition, cervical spine disorder, lumbosacral spine disorder, eye disorder, and headaches, meet the schedular requirements for non-service-connected pension purposes. The Board finds that he is permanently and totally disabled for VA pension purposes.

The Board denied an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease and a continued 10 percent evaluation for duodenal ulcer with irritable colon.

The Board denied service connection for a right knee scar and granted an initial disability evaluation of 20 percent for the veteran's lumbosacral strain, effective from July 26, 1997.