Sleep apnea Board decisions

The veteran's appeal is about his claim for a higher rating for his service-connected intervertebral disc pathology of the lumbosacral spine. The case has been remanded due to the need to obtain additional medical records and conduct further examination.

The Board denied service connection for residuals of head and thumb injuries, finding them to be the result of the veteran's own misconduct. Service connection was granted for osteoarthritis and degenerative disc disease of the lumbosacral spine with a rating in excess of 20 percent not being warranted.

The veteran's death was not caused by his service-connected disabilities. The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, and there is no entitlement to dependents' education benefits.

The Board denied the veteran's claim for service connection for a skin disorder, including chloracne, as secondary to Agent Orange exposure. The evidence did not establish that the veteran had chloracne or any other recognized condition related to herbicide exposure.

The Board has determined that the veteran's death was due to leiomyosarcoma, which is presumed to have been incurred during his military service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The Board has granted an effective date of July 16, 1986 for the assignment of a 10% disability rating for lumbosacral strain.

The Board has denied the veteran's claim for service connection for coccidioidomycosis of L2, residuals of a fracture of L2 with discogenic disease of the lumbosacral spine due to lack of competent medical evidence linking these conditions to service or his service-connected low back disability.

The Board dismissed the appeal because the veteran did not file a proper substantive appeal regarding his claim for an increased disability rating for service-connected spondyloarthropathy with involvement of the bilateral sacroiliac joints and lumbosacral spine.

The Board denied the veteran's claims for entitlement to an evaluation in excess of 10 percent for right ear hearing loss and a compensable evaluation for lumbosacral strain.

The veteran's claim for service connection for degenerative arthritis of the lumbosacral spine is being remanded due to insufficient examination findings. The case will be reviewed again after additional development, including obtaining medical records and scheduling a VA orthopedic examination.

The veteran's claims for service connection were denied in October 1995, and she did not appeal the decision. In June 1997, she submitted copies of her service medical records to reopen her claim, but the RO did not prepare a rating decision as there was no jurisdiction due to the finality of the previous denial.

The veteran's claim for an increased rating for her service-connected low back disability is granted, with a current evaluation of 40 percent.

The veteran's TDIU benefits were granted effective November 10, 1992, the date of his original claim for service connection. The effective date was later changed to December 31, 1997, when he submitted a formal application for TDIU.

The Board has granted a 30 percent evaluation for the veteran's cervical strain and denied any increase in his lumbosacral strain rating, as both conditions are separately evaluated.

The Board has determined that the veteran's current low back symptoms are primarily due to a work-related injury in 1990 and age, rather than service connection.

The Board has granted service connection for lumbosacral spine degenerative disc and joint disease, but denied the claims for increased evaluations of chondromalacia patella of both knees. The veteran's knee conditions are currently rated as 20 percent disabling.

The veteran's service-connected lumbosacral sprain with limitation of motion was granted a 40 percent evaluation effective September 11, 2000. The RO also referred the issue of unemployability to the RO for appropriate action.

The Board denied an increased rating for lumbosacral strain, finding no current symptoms attributable to the service-connected condition and noting the presence of new diagnoses unrelated to the veteran's service connection.

The Board has granted a 40% rating for lumbosacral strain, the maximum available under VA regulations.

The Board has determined that the veteran's service-connected lumbosacral spine disability is currently productive of severe limitation of motion and/or severe lumbosacral strain, warranting a 40% rating.