Sleep apnea decisions — 2000

The Board has granted increased evaluations for arthritis of the left shoulder, right shoulder, and lumbosacral spine to 20 percent each.

The Board found that the veteran's polyarthritis was not caused by VA medical treatment, including his use of Gemfibrozil. The bilateral hip degenerative joint disease with bilateral total hip replacements, degenerative joint disease of the right knee, and degenerative disc disease of the lumbosacral spine were also determined to be unrelated to VA treatment.

The veteran's disabilities, while disabling, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The VA denied a claim for an increased disability rating for the veteran's service-connected low back disorder, finding that the evidence did not show any significant impairment warranting a higher rating.

The Board has granted a 60 percent evaluation for lumbosacral strain with degenerative disc disease, the maximum available under Diagnostic Code 5293.

The veteran's claim for an increased rating for his low back disability, to include a compensable rating prior to August 15, 1997, was granted. He is now receiving a 40% rating effective from August 15, 1997.

The Board has determined that the veteran's degenerative nucleus pulposus of the lumbosacral spine warrants a 40 percent evaluation, effective from May 10, 1991.

The Board found that the veteran's right knee disability warranted a 10 percent rating under DC 5257, but denied an increased rating for his lumbosacral strain.

The Board denied the veteran's claim for an effective date earlier than March 18, 1999 for his nonservice-connected disability pension benefits. The evidence showed that entitlement to these benefits arose on or after March 18, 1999.

The Board denied the veteran's claims for increased ratings for hypertension, right knee disability, left knee disability, shin splints, cervical strain, and lumbosacral strain. The RO assigned the current 10 percent rating since the grant of service connection.

The Board has granted a 100% evaluation for post-traumatic stress disorder, effective prior to May 22, 1998. The issues of an increased rating for the right buttock gunshot wound and service connection for osteoarthritis of the right hip and lumbosacral spine are remanded due to conflicting findings and diagnoses.

The veteran's right hip disability and lumbosacral strain with degenerative changes are not service-connected, and his total disability rating based on unemployability due to service-connected disabilities is denied.

The Board has denied the veteran's claim for service connection for retinitis pigmentosa, finding that it is a direct condition and not related to his military service.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative disc disease was denied. The current evaluation of 20 percent is maintained.

The VA has denied an increased rating for lumbosacral strain and dermatitis, but granted a 10% evaluation for dermatitis. The claim to reopen service connection for syringomyelia with syrinx in the cervical spinal canal was not successful.

The veteran's claim for specially-adapted housing or a special home adaptation grant is being remanded due to the need to address his secondary service connection claim for disability of the right leg. The issue of service connection for the right leg is also inextricably intertwined and must be addressed before any decision can be made.

The Board has granted a 40 percent disability evaluation for the veteran's service-connected traumatic arthritis of the lumbosacral spine, effective from the date of the September 1983 rating decision.

The veteran seeks service connection for various conditions, including a cardiovascular disorder (hypertension), cervical spine disorder, lumbosacral spine disorder, and lower thoracic kyphosis with osteoarthritis. The Board finds that additional development is required to determine the nature and etiology of these conditions.

The veteran's service-connected low back disability is currently rated at 40 percent, and the appeal for an increased rating has been granted.

The Board has reopened the veteran's claim for service connection for Retinitis pigmentosa due to new and material evidence submitted by the veteran. The case is now remanded for further development.