Sleep apnea Board decisions

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to the decision being made.

The Board has determined that the veteran's lumbosacral strain and bilateral pes planus do not warrant increased evaluations as there is no evidence of muscle spasm on extreme forward bending or unilateral loss of lateral spine motion in standing position, which are required for a higher evaluation under Diagnostic Code 5295.

The Board has granted a 20% rating for the veteran's service-connected lumbosacral strain and internal derangement of the right knee, effective from the date of the June 1993 rating decision. The veteran is not entitled to an increased rating for either condition.

The Board denied the veteran's claim for a temporary total rating for convalescence following March 2000 lumbar disc surgery, finding that his convalescence was not due to a service-connected disability.

The Board has granted service connection for lumbosacral scoliosis with degenerative disc disease of the lumbar spine and degenerative joint disease of the lumbosacral spine, finding that these conditions are more likely than not due to the veteran's preexisting lumbosacral scoliosis which was aggravated during service.

The Board granted a 40 percent evaluation for the appellant's degenerative disc disease of the lumbosacral spine with degenerative arthritis and bilateral facet hypertrophy, effective from June 23, 1997.

The Board denied an increased rating for lumbosacral strain, finding that the evidence supported a 10 percent disability evaluation.

The VA has denied the veteran's claim for an increased initial evaluation of his service-connected rosacea, currently rated at 10 percent.

The Board has granted a 60 percent rating for the veteran's low back disorder, which encompasses lumbosacral strain and degenerative disc disease. The maximum rating under Diagnostic Code 5293 is assigned due to persistent symptoms of intervertebral disc syndrome with sciatic neuropathy.

The Board has determined that the effective date for service connection of retinitis pigmentosa should be June 27, 1985, as there was clear and unmistakable error in the November 1985 rating decision denying the claim.

The Board has granted service connection for retinitis pigmentosa effective from September 27, 1995. The veteran's claim was reopened based on new evidence received after the initial denial in 1985.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for her service-connected lumbosacral strain with herniated lumbar disc at L4-5, finding that her symptomatology was consistent with a 20 percent evaluation under Diagnostic Code 5293.

The Board denied the veteran's claims for reopening his service connection claims for hypertension with coronary artery disease, psoriasis, and lumbosacral strain due to lack of new and material evidence.

The veteran's lumbosacral strain with degenerative changes is currently rated at 20 percent, which reflects the severity of his symptoms and functional limitations.,The veteran's residuals of a shell fragment wound of the left hand are currently rated at 10 percent, reflecting the presence of pain without other significant complications such as ulceration or malnutrition of the scar.

The Board has granted an increased rating of 30 percent for asthma and denied a noncompensable evaluation for obstructive sleep apnea with uvulopalatopharyngoplasty.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and clarifying whether he is also claiming service connection for additional back disability.

The Board granted an initial evaluation of 20 percent for the veteran's low back disorder, effective March 25, 1998. The disability was characterized as lumbosacral strain and lumbar spine disk disease.

The veteran's claim for an earlier effective date for nonservice-connected disability pension benefits was granted, with the effective date set at September 15, 1997.

The Board granted service connection for sleep apnea and assigned a 30 percent evaluation. The RO also granted service connection for deviated nasal septum, but the appellant's appeal regarding this issue is not perfected as he has only appealed the rating assigned.

The Board found that the veteran's current low back pain and osteoarthritis were not related to service, including a motor vehicle accident in 1962. The claim for service connection was denied.