Sleep apnea Board decisions

The Board has granted a 40 percent disability rating for service-connected residuals of lumbosacral surgery effective August 3, 1996. The claim for an earlier effective date for the 60 percent rating is denied.

The Board denied the claim of service connection for impetigo of the chest in August 1962, and found no new and material evidence to warrant reopening the claim. The veteran's PTSD was rated at 10% initially.

The veteran's service-connected low back disability was rated at 20 percent prior to January 27, 1999 and denied for an increased evaluation.

The veteran's claims for increased disability ratings for his service-connected right ankle fracture residuals and lumbosacral strain with degenerative arthritis were denied as the veteran failed to report for a scheduled VA examination.

The Board has determined that the veteran's claims for service connection for lumbosacral strain and hypertension are well grounded. The claims for increased evaluations of fracture residuals of the right third digit of the hand, left little finger, and multiple noncompensable service-connected disabilities have been deferred pending resolution of this appeal.

The Board found that the appellant's back disability was not incurred or aggravated during active military service and denied his claim for service connection.

The Board denied the veteran's claims for higher initial disability evaluations for his service-connected deviated nasal septum, degenerative disc disease of the lumbosacral spine, and degenerative osteoarthritis of the right hip. The maximum schedular ratings were already assigned.

The VA determined that the appellant's low back disability is currently rated at 20 percent, but did not grant an increased evaluation.

The Board dismissed the veteran's appeal as his substantive appeal was not filed within the required time frame.

The Board denied the veteran's appeals for service connection for bilateral hearing loss and a mouth condition. The claims for sebaceous cysts with acne rosacea, miliaria rubra, tinea corporis, prurigo nodularis, and folliculitis were well grounded. The claim for Reiter's syndrome/polyarthralgia was also well grounded. However, the claims for bilateral leg pains due to fractures and back pain other than Reiter's syndrome/polyarthralgia were not well grounded.

The Board has determined that the veteran's chronic lumbosacral strain does not meet or approximate the criteria for a rating in excess of 10 percent, as there is no evidence of moderate limitation of motion or intervertebral disc syndrome with recurring attacks.

The Board denied the appellant's claims for service connection for lumbosacral strain and left hip piriformis syndrome, as well as her claim for an increased evaluation for adjustment disorder secondary to history of assault. The VA found that there was no evidence linking these conditions to the appellant's period of active duty.

The veteran's right knee and femur injuries have been granted service connection, with the spondylosis of the lumbosacral spine being found to be aggravated by these conditions. The right knee is currently rated at 20 percent disabling, while the right femur fracture remains at 10 percent.

The Board denied the appellant's claim for service connection for a low back disorder, finding that 'veteran' status has not been established for the claimed period of active duty for training or inactive duty for training in 1983 or 1984.

The Board found that the veteran's claims of service connection for arthritis of both feet and right ankle, as well as sleep apnea, were not well-grounded. The decision also noted that the veteran had a history of snoring during military service which was suggestive of sleep apnea.

The Board denied the veteran's claims for service connection for coronary artery disease, increased ratings for degenerative disc disease and hiatal hernia with gastroesophageal reflux and erosive esophagitis, and a compensable rating for bilateral defective hearing. The veteran's heart condition is not linked to service or a service-connected disability. His back disorder does not meet the criteria for a higher rating under Diagnostic Codes 5292 or 5393. His hiatal hernia with gastroesophageal reflux and erosive esophagitis meets the criteria for a 10% rating, but his hearing loss is noncompensable.

The Board has determined that the veteran is not entitled to an effective date earlier than January 14, 1999 for his service connection and compensation for a right ear scar and degenerative disc disease of the lumbosacral spine.

The Board denied increased ratings for lumbosacral strain and bilateral tinea infections, and declined to reopen a claim for service connection for a heart disorder. The veteran's attorney entered into an agreement in November 1999 but the requirements for payment of attorney fees from past-due benefits have not been met.

The Board denied the veteran's claim for service connection for liposarcoma and right leg disability, finding no competent evidence linking these conditions to active service.

The veteran's appeal is being remanded to the RO for scheduling a videoconference hearing at the earliest available opportunity.