Sleep apnea decisions — 2000

The Board granted an initial rating of 50 percent for the veteran's head injury with residual headaches and denied a compensable rating for degenerative arthritis of the lumbar spine prior to February 2000. The claim for service connection for bilateral degenerative joint disease of the knees remains on appeal.

The Board denied the veteran's claims for restoration of evaluations for his lumbosacral strain, right elbow epicondylitis, bilateral epithelial keratopathy with recurrent corneal erosions, and duodenal ulcer disease with gallbladder removal.

The Board denied the veteran's claims for service connection and increased ratings, finding no competent medical evidence linking his current back disorder to service. The increased rating claims were also denied as there was no evidence showing that the veteran's wrist disabilities warranted a higher evaluation.

The VA determined that the veteran's current evaluation for lumbosacral strain, currently rated at 40 percent, is appropriate based on his most recent examination showing limited range of motion and pain.

The veteran's neck disability is granted, and his left knee, lumbosacral strain, right wrist, and right shoulder disabilities are each rated at the minimum of 10 percent.

The Board found that there was no evidence of clear and unmistakable error in the January 1975 and June 1981 rating decisions that continued a 10 percent disability evaluation for lumbosacral strain.

The Board has determined that the veteran's bilateral retinitis pigmentosa was aggravated during his active service, and therefore grants service connection for this condition.

The Board granted a 40% evaluation for spondylolisthesis of the lumbosacral spine and a 20% evaluation for recurrent dislocation of the left shoulder, effective April 6, 1995.

The Board finds that the veteran's costal cartilage chondroma with chondrosarcomatous transformation is secondary to exposure to herbicide agents in Vietnam, and grants service connection for this condition.

The Board found no competent evidence linking the veteran's current back disorders to service, and thus denied his claim for service connection.

The veteran's lumbosacral strain with DDD and DJD was granted a 20 percent evaluation from July 8, 1997, to April 10, 2000.,A current evaluation in excess of 40 percent for the service-connected condition is not warranted.

The Board found that the veteran's service-connected lumbosacral strain and degenerative disc disease did not warrant a disability evaluation in excess of 20 percent.

The Board denied the veteran's claims for increased evaluations of his service-connected osteochondroma of the left distal fibula and lumbosacrum, finding that the evidence did not support a higher evaluation. The decision also noted that there was no indication that the osteochondroma had resulted in marked interference with employment.

The veteran's claim for an increased evaluation for his service-connected lumbosacral strain with spinal stenosis is being remanded due to the need for additional development, including a VA examination and consideration of whether an extraschedular evaluation is warranted.

The Board denied the veteran's claims for service connection for a bilateral knee disorder and lumbosacral strain, as well as his claim for an increased rating for residuals of a fracture of the right fourth finger. The appeals were based on direct service connection.

The veteran's service-connected cervical spondylosis at the C3-4 and C4-5 levels is currently rated as 30 percent disabling due to moderate limitation of motion, pain, and fatigue. The lumbosacral strain with degenerative changes is currently rated as 10 percent disabling due to slight limitation of motion.

The veteran's claims for service connection for sleep apnea syndrome and residuals of a June 14, 1997 motor vehicle accident were denied. The claim for residuals was not available as a matter of law due to the lack of service connection.

The veteran's claim for an increased rating for his service-connected low back disorder is being remanded due to the need for further examination and development of evidence.

The veteran's claims for increased ratings for lumbosacral strain and duodenal ulcer, with irritable colon, were denied as the current evaluations are considered appropriate based on the severity of his symptoms.

The Board finds that the veteran's disability is most appropriately evaluated as lumbosacral strain under Code 5295, and no higher rating can be granted based on the evidence provided.