Sleep apnea Board decisions

The Board found that the reduction of the veteran's evaluation for lumbosacral muscle strain with thoracic pain from 20% to noncompensable rating effective July 1, 2000 was appropriate.

The veteran's service-connected low back disability and right knee arthritis are currently rated as 40 percent for the L5-S1 fusion, but his right knee is only rated as non-compensable. The Board finds that a higher rating is not warranted.

The Board denied an extension of a temporary total rating beyond May 31, 1998 for the veteran's service-connected lumbosacral spine disability due to insufficient evidence showing that post-surgical convalescence was required.

The Board denied the veteran's claims for service connection for pityriasis versicolor and arthralgia of the lumbosacral spine, finding no evidence of these conditions in service or within a presumptive period.

The Board denied the veteran's claim for an effective date earlier than August 25, 2000 for the award of a total rating based on individual unemployability due to service-connected disabilities. The criteria for assignment of such an effective date were not met.

The Board has determined that the veteran's current back disorders are not related to his active service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for prostatitis, sleep apnea, and loss of the sense of smell due to exposure to Agent Orange. The evidence did not establish a link between these conditions and the veteran's inservice exposure to Agent Orange.

The Board denied the veteran's claim for an earlier effective date for service connection of acneform lesions and rosacea, finding that no valid claim was filed within a year of his discharge from active service or prior to June 2, 1997.

The Board denied the veteran's claims for an increased rating for his low back disability and service connection for a bilateral knee disability, finding that the evidence did not support these claims.

The veteran's claims for an effective date prior to February 9, 1998 and a rating in excess of 50 percent for his service-connected low back disability were denied. His claim for TDIU was also denied.

The Board has denied the appellant's claims for service connection for a pulmonary disorder, gastrointestinal disorder, sleep apnea, and hepatitis. The Board found that there was no evidence of chronic conditions in service or for many years thereafter.

The Board denied service connection for the cause of the veteran's death, finding that there was no competent medical evidence linking his service-connected disabilities to his fatal heart and respiratory conditions.

The VA denied the veteran's request for an increased rating of his lumbosacral strain, superimposed on bilateral sacralization of L5, currently evaluated as 40 percent disabling.

The Board denied entitlement to increased ratings for cervical and lumbosacral spine disabilities, for the period prior to January 21, 1992. The claim of service connection for left carpal tunnel syndrome was also addressed.

The veteran's appeal is granted, and he is awarded a rating of 30 percent for his service-connected postoperative residuals of fracture, left distal tibia and fibula, with posterior tibial and common peroneal nerve damage. The other issues are denied.

The Board denied the veteran's claims for service connection for nocturnal myoclonus and central-type sleep apnea, finding that there was no evidence of a causal relationship between these conditions and either service or his service-connected cervical spine and low back disorders.

The veteran's service-connected back disability is currently rated at 40 percent, but the Board finds that his condition does not warrant a higher rating based on current evidence.

The veteran meets the criteria for a 60 percent disability rating for her lower back disorder, which includes intervertebral disc syndrome.

The veteran's appeal has been dismissed due to his death.

The Board found no evidence of a link between the veteran's current lumbar spine disability and his service, including any in-service injury. The claim was denied.