Sleep apnea decisions — 2000

The veteran's employer placed him on leave without pay due to his service-connected back disability, preventing him from working as a letter carrier. The combined rating for his service-connected conditions is 40 percent, which does not meet the schedular requirements for a total rating based on individual unemployability.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied. The Board also found that the veteran is not entitled to a TDIU based on his service-connected disabilities.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent effective July 15, 1997. The respiratory disorder (bronchial asthma) has been rated as 30 percent since February 1993.

The veteran's claims for increased ratings and service connection were granted, with the exception of tinnitus. The right shoulder condition was rated at 20 percent effective August 29, 1997; lumbosacral spine degenerative joint disease at 10 percent; and bilateral eczema at 10 percent. Service connection for tinnitus remains denied.

The Board found that the veteran's lumbosacral strain, as manifested by muscle spasm and limited range of motion, warrants a 20 percent evaluation under Diagnostic Code 5295.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status has been denied. The claim for reopening a previously denied service connection for stomach and bowel disorder remains closed due to lack of new and material evidence.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and a special VA orthopedic examination.

The veteran's claim for a higher disability evaluation for obstructive sleep apnea with periodic leg movements is being remanded due to the need for further medical examination and testing.

The veteran's lumbosacral strain with arthritis is now rated at the maximum allowable under Diagnostic Code 5293, which corresponds to pronounced intervertebral disc syndrome.

The Board has granted an increased rating of 50 percent for the veteran's service-connected post-operative residuals of a left shoulder surgical repair, effective July 1, 2000. The lumbosacral spine disability remains at 60 percent.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and cervical strain, finding that the evidence did not meet the criteria for a higher rating under applicable schedular criteria.

The Board has determined that the veteran's lumbosacral strain does not warrant an increased rating beyond the current 40 percent, as there is no evidence of complete fixation of the spine or pronounced intervertebral disc syndrome.

The Board denied an increased rating for the veteran's service-connected low back disability and determined that the effective date for TDIU should be January 12, 1998. The veteran was not granted a higher rating for his low back condition, which remained at 40 percent disabling. For TDIU, the Board found that the veteran did not meet the criteria due to having multiple service-connected disabilities with combined ratings of less than 70%.

The Board denied both claims for service connection due to a lack of competent evidence linking the current disabilities to service.

The Board found that the appellant's claim for service connection for lumbosacral strain was not well-grounded due to a lack of evidence linking his current diagnosis to an inservice injury or symptomatology.

The VA has determined that the veteran's service-connected degenerative joint disease of the lumbosacral spine warrants a disability rating of 20 percent, effective June 1995. The current condition is characterized by forward flexion to 62 degrees and other limitations in motion.

The Board has determined that there is new and material evidence to reopen the claim for service connection of a psychiatric disorder secondary to service-connected lumbosacral strain, resulting in a grant of service connection.

The Board granted an increased evaluation of 20 percent for lumbosacral strain effective from November 18, 1999.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has determined that the veteran's bilateral knee disability is service-connected due to injury sustained during active duty. However, there is insufficient evidence linking his current lumbosacral spine disability to service.