Sleep apnea Board decisions

The Board denied increased disability ratings for the veteran's service-connected lumbosacral strain and joint space narrowing of both knees, finding that the evidence did not meet the criteria for a higher evaluation.

The veteran's claim for a clothing allowance is denied as the service-connected disabilities do not qualify under VA regulations.

The Board denied the veteran's claims for service connection for various gastrointestinal, respiratory, and neurological disorders, finding that they were not incurred or aggravated by his military service.

The Board found no clear and unmistakable error in the September 1983 decision that established service connection for lumbosacral strain with a 10% evaluation, but did not address the veteran's claim regarding his laceration to the back/buttocks area. The appeal was denied.

The case is being remanded for further action regarding the reopening of a claim for service connection for chronic back strain and the entitlement to service connection for lumbosacral degenerative disc disease.

The Board has determined that the reduction in rating from 40 percent to 20 percent for service-connected lumbosacral strain was not warranted due to inadequate examination findings.

The VA determined that the veteran's additional disability of the lumbosacral spine was not caused by VA medical treatment in 1992, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's degenerative arthritis and lumbosacral strain are not related to his service-connected conditions, leading to a denial of both claims for service connection and increased rating.

The veteran's cervical spine disability is rated at 40 percent since September 1, 1998.

The Board of Veterans' Appeals (Board) denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease of the lumbar spine and radiculopathy. The Board also found that there was no evidence to support a secondary service connection for depression.

The Board denied the veteran's claims for higher evaluations of his service-connected conditions, including hypertension and right eye disability. The lumbosacral strain claim was partially granted with a 10 percent evaluation from August 30, 1996 to October 30, 1998, and a 40 percent evaluation thereafter.

The Board has granted service connection for lumbosacral strain and assigned a 10 percent evaluation effective March 25, 1993. The veteran's claim of entitlement to an earlier effective date is denied.

The veteran's arthritis of the right knee, left knee, and right shoulder are all service-connected.,Increased ratings for arthralgia of the right knee and left knee have been granted.

The Board granted service connection for lumbosacral strain with spasms, disc protrusion at L5-S1, and mild degenerative disc disease at L5-S1. The initial rating of 20% was maintained for residuals of a right patellar fracture. The TDIU claim was also granted.

The Board has decided to remand the veteran's claim for TDIU due to a lack of recent medical examination and evidence, requiring further development including an additional VA examination.

The Board denied the veteran's claims for increased ratings for his service-connected chronic lumbosacral strain and diabetes mellitus, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's increased rating claims for various service-connected disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The veteran's PTSD is currently rated at 10 percent, and his residuals of a gunshot wound to the right shoulder with small fracture of the acromion are also rated at 10 percent. The appeal involves both service connection issues.

The Board denied restoration of a 40 percent disability rating for lumbosacral strain, finding that the evidence demonstrated improvement and was consistent with prior examinations.

The Board found that the veteran's service-connected disabilities, including multiple sclerosis, prevented him from obtaining gainful employment and granted basic eligibility for nonservice-connected disability pension benefits.