Sleep apnea Board decisions

The veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The veteran's service-connected low back disability is currently rated at 40 percent, the maximum rating available under the applicable diagnostic codes. The evidence does not support a higher rating as his condition does not meet the criteria for more severe intervertebral disc syndrome or other conditions warranting an increased rating.

The Board denied the veteran's claim for a temporary total disability rating based on need for convalescence following lumbar disc surgery in October 1995, as the surgery was not for treatment of a service-connected condition.

The Board has granted an increased rating to 40 percent for the veteran's service-connected chronic lumbosacral strain, finding that it is analogous to severe limitation of motion.

The Board has determined that the veteran's service-connected chronic lumbosacral strain and hypertension do not warrant increased evaluations beyond their current ratings.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain with stabilizing metal rods at L3-4, finding that his disability is currently manifested by arthritis and no more than severe limitation of motion and severe lumbosacral strain. The maximum allowable rating under the applicable VA Schedule for Rating Disabilities was already assigned.

The Board finds that the veteran's service-connected lower back disability warrants a 20 percent rating, based on moderate limitation of motion.

The veteran's service-connected coronary artery disease and other disabilities render him unable to attend to his daily needs without the assistance of another person, meeting the criteria for special monthly compensation based on the need for regular aid and attendance.

The Board has determined that there is no competent medical evidence linking the appellant's current knee, shoulder, and lumbosacral strain disorders to his military service. The claims are therefore denied.

The Board has determined that the veteran's service-connected lumbosacral strain and spondylolysis, L5 do not warrant a higher rating as they are not able to be rated due to his nonservice-connected paralysis.

The Board granted a rating of 40 percent for chronic lumbosacral strain, effective January 12, 1987.

The veteran's overall disability evaluation was increased from 20 percent to 50 percent, with the lumbosacral strain issue being rated at 20 percent and both knee issues remaining at 10 percent. The decision denied all claims for higher ratings.

The veteran's Arnold-Chiari malformation, skin cancer on the left ear, and sleep apnea were not incurred in or aggravated during his active military service. Service connection was denied for these conditions.

The veteran's claims for service connection are partially granted, with an effective date of March 20, 1992. The RO denied the earlier effective date requested and awarded a 40% evaluation for arthritis of the lumbosacral spine.

The veteran's appeal has been withdrawn before the Board could make a decision.

The Board denied the veteran's claim of service connection for lumbosacral strain, finding no evidence of a chronic disability during service and insufficient evidence linking his current condition to any incident of service.

The veteran is seeking restoration of his previously assigned disability ratings for lumbosacral strain and surgical scar due to diskectomy. The RO reduced these ratings, and the Board has determined that further evaluation is necessary before making a decision.

The VA determined that the veteran's lumbosacral strain does not warrant a higher initial rating than the current 20 percent assigned since her symptoms do not meet or approximate the criteria for a higher evaluation.