Sleep apnea Board decisions

The Board found no evidence linking the veteran's psychiatric disorders to her service and denied her claims for service connection. The rating for her urethritis was also denied.

The Board has determined that the veteran's service-connected low back disability, characterized as traumatic disc disease of the lumbosacral spine with lumbosacral strain, warrants a 20 percent evaluation under Diagnostic Code 5293. The evidence does not support a higher rating based on intervertebral disc syndrome or other diagnostic codes.

The veteran's claim for an increased rating and extraschedular evaluation for lumbosacral strain was denied by the RO. The case is being remanded to obtain additional medical records, conduct examinations, and consider whether an extraschedular evaluation is warranted.

The veteran's lumbosacral strain with degenerative disc disease and herniated disc at L5-S1 is currently rated as 20 percent disabling, but the Board has determined that a higher 40 percent rating is warranted based on more severe symptoms. The pseudofolliculitis barbae of the face and neck is currently rated as noncompensably disabling.

The Board has granted a 40 percent evaluation for the veteran's service-connected lumbosacral strain, which is currently rated as 20 percent disabling. The veteran's kidney stones are currently evaluated at 30 percent.

The Board found that the veteran's retinitis pigmentosa was incurred in active service and granted his claim for service connection.

The veteran's claims for service connection and earlier effective dates were denied. The Board found that the veteran did not meet the legal requirements for these claims due to the timing of her original claim.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain with degenerative disc disease at L4-5, effective August 6, 1997.

The veteran's appeal for an increased evaluation for low back pain and osteoarthritis of the lumbosacral spine was denied by the RO. The case is being remanded to schedule a hearing in accordance with the appellant's request.

The Board denied the veteran's claims for service connection for lumbosacral strain with degenerative changes as secondary to his service-connected right knee injury, hearing loss, and tinnitus. The decision is based on a lack of evidence showing that the service-connected right knee injury caused or aggravated the veteran's back condition.

The Board found that the veteran's lumbosacral strain is related to his service and granted service connection for this condition.

The Board has determined that the claim for service connection for degenerative disc disease of the lumbosacral spine is not well grounded and has been remanded to obtain a medical opinion linking the condition to service.

The veteran's claim for vocational rehabilitation training under Chapter 31 was denied because his education and work experience qualified him for suitable employment, despite having a service-connected disability.

The veteran's appeal involves two issues: whether she is entitled to a higher evaluation for her service-connected lumbosacral strain with arthritis before August 2, 1999 and whether she is entitled to a higher evaluation from that date forward. The case was remanded multiple times due to incomplete development of the evidence.

The veteran is seeking an increased rating for his service-connected lumbosacral strain with radiculopathy, currently rated at 40 percent. The Board has determined that additional development and adjudication are needed due to the lack of consideration of DeLuca factors in the previous examination report.

The Board denied the veteran's claims for ratings in excess of 10 percent each for residuals of lumbosacral strain and post-concussion syndrome with headaches, finding that the evidence did not meet the criteria for a higher rating.

The Board denied an initial compensable evaluation for a submucosal nodule of the esophagus, finding no functional impairment due to this condition and associating symptoms with non-service connected rhinitis.

The Board denied the veteran's claims for service connection for sleep apnea, COPD, and coronary artery disease as secondary to exposure to Agent Orange. The evidence did not support a finding that these conditions were related to Agent Orange exposure.

The Board determined that the veteran's service-connected low back disability, which is manifested by protruded right fifth disc with lumbosacral strain and has been rated at 20 percent since 1980, does not warrant an evaluation in excess of this rating due to lack of significant symptoms related to the condition. The examiner concluded that most of the veteran's reported pain and weakness are secondary to his stroke.

The Board has granted a rating of 60 percent for the service-connected lumbosacral spine disability, effective from May 4, 1989. The veteran's claim for an earlier effective date was denied. Service connection for chronic skin disorder and recurrent swelling of upper extremities is not supported by evidence.