Sleep apnea Board decisions

The veteran's claim for a rating in excess of 40 percent for his service-connected low back disorder (status post L2-L3 laminectomy) was granted by the RO. The effective date is not specified.

The Board has denied the veteran's claims for service connection for asthma and an increased rating for her degenerative joint disease of the lumbosacral spine. The appeals are both denied.

The Board has granted an effective date of May 14, 1987 for the grant of service connection for lumbosacral strain. The claim for specially adapted automobile or to automobile adaptive equipment is denied due to the veteran's failure to report for a scheduled examination.

The veteran's claims for a higher rating and total disability due to service-connected low back disability are granted. The veteran is rated at 60 percent for his service-connected lumbar condition, effective February 23, 1994.

The Board has restored the veteran's previous 50% evaluation for obstructive sleep apnea syndrome, finding that reduction to a 30% evaluation was not proper.

The veteran's nonservice-connected disabilities, including chronic lumbosacral strain and chronic bronchitis with pneumonia, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has denied the veteran's claim for service connection for residuals of a back injury, finding that there is no competent medical evidence linking his current degenerative disc disease to an in-service lumbar strain.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5293.

The VA denied the veteran's claim for a compensable evaluation for his service-connected lumbosacral strain, finding that the disability did not meet the criteria for any higher rating.

The Board has determined that there is no service connection for the claimed residuals of a fall, including left knee, left hip, right shoulder conditions, compression fracture of T-12, and arthritis of the lumbosacral spine. The veteran's conditions are not related to an incident of service or to a service-connected disability.

The veteran's hiatal hernia with esophagitis and duodenitis was granted a 60 percent rating effective from the date following discharge. The lumbosacral strain with L4 spondylosis received a 20 percent rating, also effective from the date following discharge. The hypertension (HTN) was granted an increased rating to 30 percent.

The veteran's appeal is being remanded for additional development, including new psychiatric and orthopedic examinations to assess the severity of his service-connected PTSD and low back disability. The RO will also review the claims folder to ensure all necessary evidence has been obtained.

The Board has granted service connection for sleep apnea as secondary to the veteran's service-connected post-operative dislocated septal cartilage of the nose with epistaxis. The rating for the service-connected nasal condition remains at 30 percent.

The Board has determined that the appellant's service connection claim for residuals of a low back injury, including lumbosacral strain, is granted as his current complaints of low back pain are linked to an inservice injury and diagnosis.

The veteran's service-connected PTSD contributed substantially to his death, and he is entitled to DIC benefits under the provisions of 38 U.S.C.A. § 1310.

The VA determined that the veteran's herniated nucleus pulposus at L5-S1 with lumbosacral strain did not warrant a rating higher than 40 percent.

The Board found that the veteran's low back pain and lumbosacral strain were incurred during his active service.

The Board has restored a 20 percent rating for the veteran's chronic lumbosacral strain, which was previously reduced to 10 percent. The evidence supports this decision as it shows moderate limitation of motion and pain with motion.

The veteran's service-connected lumbosacral strain is not shown to be of such a nature and severity as to preclude employment consistent with his education and occupational experience.

The Board denied the veteran's claims for service connection of a left knee disorder and an increased rating for lumbosacral strain with spondylosis at L5-S1, finding no new and material evidence to reopen the left knee claim and determining that the current 20 percent disability rating for lumbosacral strain is appropriate.