Sleep apnea Board decisions

The Board denied the veteran's claims for increased evaluations for her left knee, right and left foot disabilities. The service connection for these conditions was established but not reopened or granted new evidence.

The Board has restored the veteran's 20 percent rating for her mechanical low back pain and lumbosacral strain, finding that actual improvement in her disability under ordinary conditions of life and work was not demonstrated based on a May 1997 VA examination.

The veteran's service-connected disabilities, including PTSD, gunshot wound to muscle group XIX, removal of the left kidney, lumbosacral strain with arthritis and sacroilitis, status post gastric resection, small bowel resection and previous colostomy with dumping syndrome, and a muscle bulge associated with ventral and incisional hernia, preclude him from obtaining and retaining all forms of substantially gainful employment. As such, the veteran is granted a total disability rating based on individual unemployability.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a lumbosacral strain, claimed as low back pain. The veteran's current back disability is considered, but further development is needed to determine if there is a nexus between his current condition and his period of service or his service-connected disability.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain with traumatic hypertrophic changes was denied as the evidence did not meet the criteria for a higher rating.

The Board has restored the appellant's disability rating for degenerative disc disease of the lumbosacral spine from 20 percent to 40 percent.

The VA denied an evaluation in excess of 40 percent for the veteran's spondylolisthesis, degenerative disc disease, and traumatic arthritis of the lumbosacral spine.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain and left hip disability, finding that the evidence did not support a higher rating than currently assigned.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, which reflects no more than slight limitation of motion and minimal muscle spasm.

The Board has determined that the claim for service connection for lumbosacral radiculopathy is not well-grounded because there is no competent evidence showing a current disability due to disease or injury incurred in or aggravated by service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the submission of new evidence and the need for further examination.

The veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound was denied due to his current disability rating of 100% for schizophrenia, which does not meet the criteria for additional disabilities independently ratable at 60%, nor is he substantially confined to his home.

The veteran's disabilities, including depression, right knee instability, and sleep apnea, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a disability rating of 40 percent, reflecting the severity of his symptoms and functional impairment.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the full nature and extent of his service-connected lumbosacral sprain with lumbar laminectomy. The RO must also address the issues of service connection for a right hip condition and individual unemployability.

The RO increased the rating for lumbosacral strain with myofascial syndrome to 20 percent effective February 10, 1997.

The Board denied service connection for chronic low back disorder and an increased evaluation for bilateral varicose veins. The veteran's claim of a chronic low back disorder was granted, but the Board found no evidence to support service connection for lumbosacral spine degenerative disc disease.

The veteran's low back disability is rated at 40 percent, and his lipoma of the left lateral lumbar area does not meet criteria for a compensable rating.

The Board has determined that additional evidence is needed to properly evaluate the veteran's service-connected migraine headaches and herniated nucleus pulposus (HNP) of the lumbosacral spine, including recent medical records and a VA examination.

The Board found that the veteran's claim for service connection for lumbosacral strain (claimed as back condition) is not well grounded, and denied it. The claim for reopening a bilateral knee condition was also denied due to lack of new and material evidence.