Sleep apnea decisions — 2000

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.

The Board has granted a 70 percent rating for PTSD effective May 12, 1997. The veteran's claim of service connection for degenerative disc disease of the lumbosacral spine is well-grounded.

The VA has determined that the veteran's lumbosacral strain with reverse spondylolisthesis is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds no evidence to support a higher rating.

The Board found no clear and unmistakable error in the August 1990 rating decision that denied service connection for retinitis pigmentosa. The RO reopened the claim based on new evidence submitted by the veteran, granted service connection for retinitis pigmentosa with a 100% disability rating effective September 22, 1997.

The veteran's service-connected lumbosacral strain is currently rated at 20 percent, and the Board has denied an increased rating.

The veteran's appeal is on whether he should receive increased disability evaluations for his service-connected DDD, DJD and chronic lumbosacral strain. The RO has requested additional medical records and will conduct further examinations to determine the current level of disability.

The Board denied the appellant's claims for increased evaluations for her lumbosacral strain with degenerative disc disease at L5-S1 and cervicitis, finding that the current ratings adequately reflected the severity of her conditions.

The Board denied the veteran's claims for an increased rating for lumbosacral strain and service connection for avascular necrosis of the right hip, finding that his claim for service connection was not well-grounded.

The Board has denied the veteran's claims for service connection for bilateral ankle disabilities and a compensable initial rating for sleep apnea. The evidence does not support current diagnoses of these conditions.

The Board denied the veteran's claims for reopening his service connection claim and for an increased rating for acne rosacea, finding that new evidence did not meet the criteria to reopen the claim or warrant a higher disability evaluation.

The Board denied the veteran's claim for special monthly pension benefits because he does not meet the criteria for aid and attendance or housebound status due to his disabilities. The evidence showed that the veteran is able to perform self-care activities, walk with a cane, drive an automobile, and leave his home when necessary.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for a VA orthopedic examination. The veteran's appeal regarding an increased rating for chronic lumbosacral strain is pending, while his claim for service connection for a bilateral knee disorder remains unresolved.

The veteran's appeals for increased evaluation and temporary total rating based on required convalescence following surgery were denied due to his failure to cooperate with the VA in obtaining necessary evidence.

The VA denied the veteran's request for an evaluation in excess of 20 percent for his service-connected lumbosacral strain, finding that the evidence did not support a higher rating based on severe symptoms or functional loss.