Sleep apnea Board decisions

The Board has granted a 60 percent rating for the veteran's lumbosacral spine disability and a 30 percent rating for his left femur fracture with shortening and associated left hip disability.

The Board found that the veteran's low back disorder was not incurred or aggravated during active military service and denied his claim for service connection.

The Board has granted service connection for a left eye chorioretinal scar, finding that the veteran's current condition is related to his inservice facial trauma. The Board also noted that there was no evidence of retinitis pigmentosa at any time following the November 1969 physical examination for service separation.

The Board denied the veteran's claims for increased evaluations and effective dates, as well as her request to be represented by an attorney. The issues of service connection for a left ankle disability and entitlement to aid and attendance benefits were referred back to the RO.

The Board denied the appellant's claims for increased ratings for lumbosacral strain with degenerative spurring at L3-4, tender scar from left ankle laceration, and residuals of a left foot injury (healed). The evaluations were found to be in accordance with the current schedular criteria.

The Board denied the appellant's claims of service connection for residuals of a spinal injury and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities, finding no evidence of chronic residuals of a spinal injury in service or a current back disability related to military service.

The Board denied earlier effective dates for a 60 percent rating for the veteran's service-connected low back disorder and TDIU, both effective from November 13, 2001.

The Board denied the appellant's request for accrued compensation benefits, stating that there is no legal basis to argue otherwise and that the law sets the amount of accrued benefits she is entitled to.

The Board denied the appellant's claims for increased rating, service connection for hypertension and stomach disability secondary to her service-connected lumbosacral strain, service connection for an acquired psychiatric disability (major depressive disorder or generalized anxiety disorder) secondary to her service-connected lumbosacral strain, and a total rating based on individual unemployability. The Board found that the evidence did not support these claims.

The Board finds that the veteran's pursuit of education was not medically infeasible during his 10-year period of eligibility, and thus extension of his educational assistance benefits is denied.

The veteran's claim for a higher rating for her service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The veteran's PTSD is rated at 70 percent, but not higher. The service-connected lumbosacral spine disability has been rated as zero percent since October 18, 1961, and the RO determined that it does not warrant a total (100%) rating.

The Board granted an increased rating to 40 percent for the veteran's service-connected lumbosacral strain with degenerative changes, and denied a higher rating on an extraschedular basis. The right leg disability was also granted an increased schedular rating of 30 percent.

The Board has determined that the veteran's lumbosacral strain warrants a rating of 40 percent, effective from when his claim was received in July 1997. The Board also found that extra-schedular consideration is warranted for this disability.

The veteran's service-connected knee and back conditions have been granted increased ratings, effective March 17, 1998. Service connection for cholecystectomy has also been established.

The Board denied service connection for various conditions, including a left wrist fracture, skin rash, low back condition, sleep disorder, lung condition with shortness of breath, and rheumatoid arthritis. The veteran's claims were based on direct evidence rather than any presumption or secondary relationship to service.

The Board denied the veteran's claim for an increased rating for her service-connected low back disability, finding that the current evaluation of 10 percent was appropriate given the mild limitation of motion.

The Board has reopened the claim of service connection for obstructive sleep apnea due to new evidence submitted since the previous denial. The issue of service connection for cardiovascular disease will be addressed in a separate decision.

The Board denied the veteran's claims for increased ratings and TDIU, finding that her service-connected chronic lumbosacral strain with DJD warranted a 40% rating from October 24, 2000, but not higher. The veteran was also found to be unemployable due to her disability.

The Board has determined that the appellant's residuals of an injury to the lumbosacral spine are service-connected, as they were incurred during INACDUTRA on August 20, 1988.