Sleep apnea Board decisions

The veteran's claim for a higher disability evaluation for obstructive sleep apnea with periodic leg movements is being remanded due to the need for further medical examination and testing.

The veteran's lumbosacral strain with arthritis is now rated at the maximum allowable under Diagnostic Code 5293, which corresponds to pronounced intervertebral disc syndrome.

The Board has granted an increased rating of 50 percent for the veteran's service-connected post-operative residuals of a left shoulder surgical repair, effective July 1, 2000. The lumbosacral spine disability remains at 60 percent.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and cervical strain, finding that the evidence did not meet the criteria for a higher rating under applicable schedular criteria.

The Board has determined that the veteran's lumbosacral strain does not warrant an increased rating beyond the current 40 percent, as there is no evidence of complete fixation of the spine or pronounced intervertebral disc syndrome.

The Board denied an increased rating for the veteran's service-connected low back disability and determined that the effective date for TDIU should be January 12, 1998. The veteran was not granted a higher rating for his low back condition, which remained at 40 percent disabling. For TDIU, the Board found that the veteran did not meet the criteria due to having multiple service-connected disabilities with combined ratings of less than 70%.

The Board denied both claims for service connection due to a lack of competent evidence linking the current disabilities to service.

The Board found that the appellant's claim for service connection for lumbosacral strain was not well-grounded due to a lack of evidence linking his current diagnosis to an inservice injury or symptomatology.

The VA has determined that the veteran's service-connected degenerative joint disease of the lumbosacral spine warrants a disability rating of 20 percent, effective June 1995. The current condition is characterized by forward flexion to 62 degrees and other limitations in motion.

The Board has determined that there is new and material evidence to reopen the claim for service connection of a psychiatric disorder secondary to service-connected lumbosacral strain, resulting in a grant of service connection.

The Board granted an increased evaluation of 20 percent for lumbosacral strain effective from November 18, 1999.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has determined that the veteran's bilateral knee disability is service-connected due to injury sustained during active duty. However, there is insufficient evidence linking his current lumbosacral spine disability to service.

The Board has determined that the veteran incurred narcolepsy in service and grants service connection for this condition.

The Board denied an increased evaluation for postoperative residuals of a left inguinal hernia and arthritis of the lumbosacral spine, finding that there was no objective evidence of current disability.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including orthopedic and neurologic examinations.

The VA Board found that the veteran's lumbosacral strain is manifested by characteristic pain on motion, fatigability, weakness, and spasm. The disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Board found that the veteran's claim for service connection for a low back disorder, including spondylolisthesis of L5 and lumbosacral strain, is not well grounded.

The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and increased ratings for his service-connected disabilities. The claim for service connection was not addressed, while the claims for increased ratings were both denied.

The Board has dismissed the claims for increased initial ratings for hiatal hernia and migraine headaches, as well as entitlement to service connection for injury to the right leg, exposure to asbestos, exposure to Chernobyl (ionizing radiation), and arthritis of the wrists and elbows due to a failure to timely file a substantive appeal.