Sleep apnea Board decisions

The Board denied the veteran's claims for increased disability ratings for arteriosclerotic heart disease and myositis, lumbosacral paravertebral.

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and arranging for a VA orthopedic examination. The issues on appeal are whether an increased initial evaluation should be granted for his right hip disability and if the bilateral factor was appropriately considered in previous rating decisions.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain with traumatic arthritis and unstable collateral ligament, right meniscectomy. The left knee disability claim was also denied as secondary to the service-connected back and right knee conditions.

The Board has determined that the veteran's service-connected lumbosacral spine disorder warrants a 40 percent rating, reflecting severe low back disability.

The Board denied an initial disability rating in excess of 10 percent for lumbosacral strain, finding that the veteran's symptoms did not meet criteria warranting a higher evaluation under applicable VA rating codes.

The Board has denied the veteran's claims for service connection and rating assignments due to lack of new and material evidence, as well as insufficient evidence supporting each claim.

Prior to December 30, 1999, the veteran's service-connected lumbosacral strain was rated at 20 percent disabling due to limitation of motion in forward flexion.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected left knee and low back disabilities.

The veteran's claim for an earlier effective date for service connection for post-operative residuals of leiomyosarcoma is denied.

The Board has granted a higher rating of 60 percent for the veteran's chronic low back pain with lumbosacral radiculopathy since January 1997, as it is productive of pronounced intervertebral disc syndrome.

The Board has granted a 40 percent evaluation for the veteran's degenerative disc disease of the lumbosacral spine with herniated nucleus pulposus at L4-5, effective from April 1997.

The veteran's service-connected amputated left leg disability is considered to have caused his lumbar intervertebral disc syndrome. His cervical spondylosis and pes planus with plantar fasciitis are rated as 20 percent disabling.

The RO has granted an effective date of September 30, 1994 for the grant of service connection for PTSD. The appellant's claims regarding initial ratings for his PTSD are pending and will be addressed in a future decision.

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain is being remanded due to the need for additional examinations and records review.

The Board found that the veteran's claims for service connection for left knee and back conditions are not well-grounded as there is no evidence showing a nexus between his current disabilities and his military service.

The Board denied an increased evaluation for the veteran's service-connected lumbosacral strain, currently rated at 20 percent.

The veteran's left ear hearing loss was aggravated by service and is now considered a disability. A current diagnosis of degenerative disc disease of the lumbosacral spine has been established, and it is as likely as not related to findings during his second period of active duty.

The veteran's service-connected fibromyositis of the lumbar spine is rated at 20 percent, and there is no basis for a separate rating based on multiple noncompensable disabilities.

The veteran's claims for increased evaluations and earlier effective dates were denied. The RO continued the maximum schedular evaluation for bilateral pes planus with shortening of the left lower extremity, but did not grant an increase in rating for lumbosacral strain or vitiligo dermatitis.

The veteran's claims for service connection for arthritis of the lumbosacral spine and bilateral foot disability are not well grounded.