Sleep apnea Board decisions

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and development.

The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an increased rating for PTSD, and an increased rating for lumbosacral strain with psychophysiological musculoskeletal reaction.

The veteran's service-connected disabilities, including post-traumatic stress disorder and rectal leiomyosarcoma with removal of the rectum, require special monthly compensation at an increased rate due to his need for regular aid and attendance.

The Board has determined that the veteran's claims for service connection for various conditions, including fibromyalgia, impotence, sleep apnea, hair loss, irritable bowel syndrome, peripheral neuropathy, and skin rashes due to undiagnosed illnesses are not well grounded.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with arthritis is being remanded due to the need for additional medical opinions and evidence.

The Board denied the veteran's claims for increased evaluations for lumbosacral strain with degenerative disc disease, finding that his symptoms did not warrant a rating higher than 10 percent from March 15, 1995 to October 20, 1996 and 20 percent on and after October 21, 1996.

The Board denied the veteran's claims for service connection for various back disorders, including upper back and lumbar spine myositis, lumbosacral sprain, and lumbosacral disc disease. The decision found that new evidence did not provide a basis to reopen the claim of service connection for upper back and lumbar spine myositis.

The VA determined that the appellant's postoperative residuals of leiomyosarcoma of the left knee do not warrant a disability rating higher than 10 percent, as there is no evidence of more than moderate muscle disability.

The veteran's PTSD resulted in symptoms bordering on gross repudiation of reality with disturbed thought or behavioral processes associated with almost all daily activities such as fantasy and confusion, resulting in a demonstrable inability to obtain or retain employment. The veteran's degenerative arthritis of the lumbosacral spine is manifested by no more than moderate limitation of motion.

The veteran's original claim for service connection was received on May 16, 1996. The RO granted the effective date of July 18, 1996, for his service-connected disabilities and later granted an earlier effective date of May 16, 1996.

The veteran's service-connected low back disability is rated at 40% and has been increased to 60% based on the severity of symptoms, including pain radiating into the buttocks and legs.

The veteran's claim for an increased rating for lumbosacral strain with spinal stenosis is being remanded due to the need for additional medical records and a new VA examination.

The Board of Veterans' Appeals has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees from past-due benefits.

The Board granted an initial rating of 50 percent for the veteran's head injury with residual headaches and denied a compensable rating for degenerative arthritis of the lumbar spine prior to February 2000. The claim for service connection for bilateral degenerative joint disease of the knees remains on appeal.

The Board denied the veteran's claims for restoration of evaluations for his lumbosacral strain, right elbow epicondylitis, bilateral epithelial keratopathy with recurrent corneal erosions, and duodenal ulcer disease with gallbladder removal.

The Board denied the veteran's claims for service connection and increased ratings, finding no competent medical evidence linking his current back disorder to service. The increased rating claims were also denied as there was no evidence showing that the veteran's wrist disabilities warranted a higher evaluation.

The VA determined that the veteran's current evaluation for lumbosacral strain, currently rated at 40 percent, is appropriate based on his most recent examination showing limited range of motion and pain.

The veteran's neck disability is granted, and his left knee, lumbosacral strain, right wrist, and right shoulder disabilities are each rated at the minimum of 10 percent.

The Board found that there was no evidence of clear and unmistakable error in the January 1975 and June 1981 rating decisions that continued a 10 percent disability evaluation for lumbosacral strain.

The Board has determined that the veteran's bilateral retinitis pigmentosa was aggravated during his active service, and therefore grants service connection for this condition.