Sleep apnea Board decisions

The Board found new and material evidence sufficient to reopen claims for service connection for post-traumatic neurosis and lumbosacral strain, but denied the claim for post-traumatic neurosis due to lack of pre-service diagnosis. Service connection was granted for lumbosacral strain.

The Board denied the veteran's claims for increased evaluations and service connection for various conditions, finding that the evidence did not support higher ratings or service connection based on direct service incurrence.

The Board denied a higher evaluation for the veteran's lumbosacral sprain with pain on motion, finding that it did not meet the criteria for an evaluation in excess of 20 percent.

The veteran's appeal has been withdrawn, and no further action will be taken on his case.

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain was granted, with a rating of 20 percent effective December 6, 2000. The appeal for an earlier effective date than June 30, 1997, for the increase in disability evaluation was denied.

The VA denied the veteran's claim for an increased evaluation of his lumbosacral strain with degenerative arthritis, which was previously rated at 10 percent. The RO has now increased it to 20 percent effective March 1999.

The Board has determined that the appellant is not entitled to a compensable evaluation for his service-connected sinusitis, right shoulder separation, or lumbosacral strain.

The Board denied an increased evaluation for lumbosacral strain and Graves Disease. The veteran's lumbosacral strain results in no more than characteristic pain, while her Graves Disease is currently evaluated at a 10% rating.

The veteran's cause of death is service-connected due to his pre-existing chondrosarcoma, which had its onset during service.

The VA has determined that the veteran's post-operative discectomy residuals do not warrant a rating higher than 40 percent.

The veteran's peripheral neuropathy is attributed to his diabetes mellitus, not service or exposure to Agent Orange. Service connection for PTSD and sleep apnea remains pending due to the need for further verification of stressors and evaluation.

The Board found that the appellant's back disability, including degenerative disc disease, arthritis, radiculopathy, and ankylosing spondylitis, was not incurred or aggravated by service. The congenital anomaly of the lumbosacral spine with asymmetric facet joints at L5-S1 with sclerosis was determined to be a defect rather than a disease, and thus not subject to service connection.

The Board of Veterans' Appeals has denied the veteran's claims for special monthly pension benefits based on the need for regular aid and attendance or at the housebound rate, finding that his disabilities do not meet the criteria for these benefits.

The Board has granted a 20 percent rating for lumbosacral strain, finding that the veteran's symptoms more nearly approximate moderate functional loss with decreased endurance. The left knee issue remains unresolved.

The Board granted service connection for dysthymic disorder and increased the evaluation of lumbosacral strain to 40 percent, but denied an increase in the evaluation of hypertension.

The Board found that the appellant's current symptoms are not related to his service-connected lumbosacral strain and denied a compensable disability rating for this condition.

The Board found that the additional evidence submitted since February 1997 was not new and material, thus denying the reopening of claims for service connection for lumbosacral and cervical spine disorders.

The VA determined that the veteran's lumbosacral strain disability, which was already rated at 20 percent since July 14, 1992, does not warrant an evaluation in excess of this rating.

The Board has remanded the case due to insufficient development of evidence and need for additional examinations. The issues include a request for an increased rating, reopening of a secondary service connection claim, and seeking service connection for intervertebral disc disease.

The Board found that the veteran's current back disability is not service-connected and denied his claim for an increased rating.