Sleep apnea Board decisions

The Board has determined that the reduction in the rating for the veteran's service-connected low back disorder from January 1, 2002 was proper and restored a 40 percent rating. The veteran is not entitled to an increased rating.

The Board has granted a 40 percent disability rating for the veteran's service-connected chronic lumbosacral strain and lumbar degenerative disc disease with mild right lower extremity S-1 radiculopathy, effective from December 19, 2000.

The Board denied the veteran's claims for service connection for arthritis of the lumbosacral spine and an increased rating for arthralgia, low back. The veteran did not develop lumbosacral arthritis in service or until many years later.

The veteran's service-connected lumbosacral strain and cervical strain are both rated at the maximum allowable under VA guidelines. The claims for right shoulder, left hip, and headaches disorders were denied as there is no evidence of a direct connection to his military service.

The veteran's request for an increased rating for low back strain was denied as his disability does not meet the criteria for a higher evaluation. The veteran's entitlement to nonservice-connected pension benefits was also denied due to his inability to secure and follow substantial gainful employment.

The veteran's lumbosacral strain with spondylolysis, L5-S1 spondylolisthesis, posterior spinal fusion disability is rated at 40 percent. The Board has determined that the disability more nearly approximates a rating of 60 percent due to pronounced symptoms.

The veteran's claim for increased ratings for his service-connected lumbosacral strain and post-traumatic stress disorder with anxiety and depression was denied. His total rating based on unemployability due to service-connected disability is dismissed as moot.

The Board has granted a higher initial disability rating of 20 percent for the veteran's service-connected lumbosacral strain with a left L5-S1 herniated disc, and denied an increased evaluation for residuals of a left ankle injury.

The Board has granted a 20 percent evaluation for lumbosacral strain with disc disease, effective from November 1998. The veteran's hiatal hernia is rated as zero percent since November 1998.

The Board found that the veteran's service-connected lumbosacral strain does not meet or approximate the criteria for a higher disability rating, as his symptoms are consistent with severe intervertebral disc syndrome but do not reach the level of pronounced intervertebral disc syndrome required for an increased rating under Diagnostic Code 5293.

The Board denied service connection for spondylolisthesis of the lumbosacral spine as it was a congenital defect. The right ankle fracture is currently rated at 10%.

The veteran's claim for an increased evaluation of his service-connected postoperative residuals of a lumbosacral spine injury was denied as the disability is currently rated at 40 percent and no new evidence has been provided to warrant an increase.

The Board found no clear and unmistakable error in the May 1956 rating decision that denied service connection for a back disorder other than lumbosacral strain, including ankylosing spondylitis.

The Board denied an increased disability evaluation for the veteran's lumbosacral strain secondary to probable minimal compression fracture of L-4, finding that a 40 percent evaluation was warranted prior to March 20, 2000 and denying any higher rating thereafter.

The Board denied the veteran's claims for an increased rating for schizophrenia and a TDIU rating, finding that his service-connected disabilities did not meet the criteria for a higher rating or a TDIU.

The veteran's cervical spine disability is rated at 10 percent, tension headaches are rated at 10 percent, tinnitus is rated at the maximum schedular evaluation available, and bilateral hearing loss does not meet criteria for a compensable rating. Service connection was established for obstructive sleep apnea, right carpal tunnel syndrome, and multiple sclerosis (MS). The veteran's service-connected disabilities preclude him from securing and following any form of substantially gainful employment.

The Board has granted service connection for recurrent lumbosacral strain and tinnitus, finding that the veteran's conditions are likely due to his military service.

The Board found that the discontinuance of vocational rehabilitation benefits was not proper, based on the veteran's ongoing need for training and his eligibility under Chapter 31.

The Board denied the appellant's request for apportionment of her husband's nonservice-connected pension benefits, finding that she did not meet the criteria for dependency and that such apportionment would cause undue hardship to her estranged husband.

The Board granted a 20 percent rating for the veteran's service-connected degenerative joint disease of the lumbosacral spine, effective from the date of the initial grant of service connection.