Sleep apnea Board decisions

The Board granted an increased rating to 40 percent for the veteran's chronic lumbar spine disability, finding that it resulted in severe impairment.

The Board denied the veteran's claims for service connection for loss of use of the lower extremities as secondary to residuals of emphysema and financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile, finding that there was no evidence of 'loss of use' of a lower extremity due to service-connected disability.

The Board denied the veteran's claim for an earlier effective date for a TDIU rating, finding that the effective date should be fixed in accordance with the facts found but not earlier than October 7, 1996 due to the new regulatory criteria set forth in Diagnostic Code 6847.

The Board denied the veteran's claims for initial ratings for spinal arthritis and bursitis of the right shoulder, finding that neither condition warranted a rating in excess of noncompensable.

The veteran's low back disability, including arthritis and a scar, is considered to be the result of injuries sustained during military service.

The Board denied service connection for the claimed conditions, finding no evidence of a nexus between the disabilities and military service.

The VA determined that the veteran's chronic lumbosacral strain does not meet the criteria for a higher evaluation than 40 percent.

The veteran's appeal is denied as the RO has not assigned an earlier effective date for his total disability rating based on individual unemployability.

The veteran's claims for increased ratings and service connection were denied. The thoracic strain with degenerative arthritis was evaluated at the maximum disability rating, while lumbosacral strain with degenerative arthritis received separate evaluations prior to May 10, 1999 and from that date onwards. Duodenal ulcer with hiatal hernia did not meet criteria for a higher than 20 percent evaluation. Bilateral hearing loss was found to be noncompensable.

The veteran's sleep apnea is found to be attributable to service, and the Board grants service connection for this condition.

The veteran's lumbosacral strain is currently rated at 20 percent, effective May 4, 2000. His bilateral pes planus is rated as 30 percent disabling. The Board has also granted a total rating based on individual unemployability due to service-connected disabilities.

The November 1988 rating decision denied service connection for retinitis pigmentosa because there was no clinical evidence of the condition in service records and the first objective diagnosis was seven years after separation from active duty.

The Board has determined that the veteran's chronic lumbosacral strain was incurred during service and is granted service connection.

The Board denied the veteran's claims for a higher rating for his service-connected chronic lumbosacral strain and for a total disability rating based on individual unemployability due to that condition. The appeal was not about service connection at all.

The veteran's service-connected disabilities, including bilateral hearing loss and lumbosacral strain, render him unable to secure or follow substantially gainful employment. The Board has determined that he is entitled to a total disability rating based on individual unemployability.

The Board has determined that the veteran's lumbosacral spine pain and x-ray evidence of moderate degenerative changes do not warrant a rating higher than the currently assigned 10 percent, as there is no objective evidence to support muscle spasms necessary for a higher evaluation under Diagnostic Code 5295.

The Board has determined that the veteran's lumbosacral strain and postoperative residuals of lumbar fusion for spondylosis and spondylolisthesis do not warrant a rating in excess of 40 percent.

The Board granted a 20 percent disability evaluation for lumbosacral strain with evidence of herniated disc at L4-L5 and L4-S1, effective from May 13, 1997.

The Board has granted a 40 percent rating for the veteran's lumbosacral spine disability, effective from the date of the decision. The veteran is not individually unemployable by reason of service-connected disability.

The Board has determined that the veteran's degenerative joint disease of the lumbosacral spine is proximately due to or the result of his service-connected bilateral foot disability, and thus grants service connection for this condition.