Sleep apnea decisions — 2000

The veteran's TDIU award was granted with an effective date of October 18, 1996.

The Board has determined that the veteran's claims for service connection for irritable bowel syndrome, peripheral neuropathy, and a psychiatric disability are not well grounded. The claim for service connection for post-traumatic osteoarthritis is found to be well grounded.

The Board denied a rating in excess of 10 percent for the veteran's service-connected chronic lumbosacral strain.

The Board denied the appellant's claim for increased rate of dependency and indemnity compensation based upon a demonstrated need for aid and attendance or housebound status due to lack of evidence showing she requires regular aid and attendance or is permanently housebound.

The Board denied the veteran's claim for entitlement to TDIU, finding that his service-connected disabilities did not render him unemployable.

The Board denied an extra-schedular evaluation for the veteran's lumbosacral strain, finding no evidence of marked interference with employment or frequent hospitalizations.

The Board has granted a 20 percent evaluation for the veteran's lumbar strain with arthritis, L5-S1, based on findings of slight limited motion and functional loss due to pain.

The Board found that the veteran submitted new and material evidence sufficient to reopen his claim, allowing him to receive a disability evaluation for his low back condition effective January 28, 2000.

The Board has granted a 20 percent disability rating for the veteran's lumbosacral strain and lumbosacral spine arthritis, finding that the symptoms of pain and limitation of motion more nearly approximate the criteria for such a rating.

The veteran's claims for increased evaluations of his left shoulder, right ankle sprains, and residuals of left ankle sprains have been denied. The claim for a total disability rating based on individual unemployability due to service-connected disability is pending.

The Board has denied the veteran's claims for increased ratings for his service-connected right knee arthritis, post-operative left knee injury, and lumbosacral strain. The claim for TDIU remains pending.

The Board denied the veteran's claims for increased disability evaluations for his service-connected degenerative joint and disc disease of the lumbar spine and cervical spine, finding that the evidence did not meet the criteria for a higher evaluation.

The veteran's claim for an increased rating for his lumbosacral strain with mild traumatic spondylosis was denied. Service connection claims for post-traumatic stress disorder and other disabilities were also considered, but the evidence did not meet the criteria for a higher rating or service connection.

The Board denied the veteran's claim for service connection for a low back disability, finding no competent medical evidence linking his current condition to his military service.

The Board denied the veteran's claims for service connection for psoriasis and increased ratings for residuals of an appendectomy, to include a scar, and fungus infection of the scalp, feet and hands. The veteran's psoriasis was not found to be related to service or his other conditions. His scars were rated as 10% disabling.

The Board denied the veteran's claims for an increased evaluation for lumbosacral strain and special monthly pension benefits based on need for regular aid and attendance or being housebound, finding that the current 40 percent rating adequately reflects his disability.

The veteran's claim of entitlement to payment or reimbursement for unauthorized medical services provided during his hospitalizations is denied as not well-grounded because the treatment was not for a service-connected disability.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain was denied by the Board of Veterans' Appeals. The evidence showed severe limitation of motion, but no ankylosis or complete immobility of the lumbar spine. Therefore, a higher rating under applicable regulations is not warranted.

The Board has determined that the veteran's claim for service connection for arthritis of the lumbosacral spine is not well-grounded, as there is no competent medical evidence linking this condition to his military service or any other service-connected disorder. The claim for increased evaluation for arthralgia remains pending.

The Board has determined that the appellant's claims for increased evaluations of peptic ulcer disease, right ear hearing loss with labyrinthitis, and lumbosacral strain with arthritis are not well-grounded as his conditions do not meet the criteria for higher ratings under the applicable rating schedules.