Sleep apnea decisions — 2000

The Board denied an increased evaluation for lumbosacral strain, currently rated at 20 percent.

The Board has remanded the case due to the veteran not reporting for VA examinations and the confusion about his mailing address. The veteran is required to provide updated information on any treatment received, including from non-VA providers.

The Board has determined that additional development is needed in order to properly adjudicate the appellant's claims, including obtaining an opinion regarding whether any of the veteran's service-connected disabilities caused or contributed substantially or materially to his death.

The Board has granted a 10 percent rating for lumbosacral strain, which is the maximum schedular evaluation available.

The Board denied the veteran's claim for a rating in excess of 20 percent for back strain with degenerative changes of the lumbosacral spine, finding that the evidence did not meet the criteria for higher ratings under relevant diagnostic codes.

The Board found that the veteran's lumbosacral strain disability warranted a 40 percent rating, but denied service connection for his right hip disability. The RO has not yet considered whether additional notification or development is required under the Veterans Claims Assistance Act of 2000.

The veteran's claim for an increased evaluation of his chronic lumbosacral strain is being remanded due to the need for a personal hearing.

The Board found new and material evidence sufficient to reopen claims for service connection for post-traumatic neurosis and lumbosacral strain, but denied the claim for post-traumatic neurosis due to lack of pre-service diagnosis. Service connection was granted for lumbosacral strain.

The Board denied the veteran's claims for increased evaluations and service connection for various conditions, finding that the evidence did not support higher ratings or service connection based on direct service incurrence.

The Board denied a higher evaluation for the veteran's lumbosacral sprain with pain on motion, finding that it did not meet the criteria for an evaluation in excess of 20 percent.

The veteran's appeal has been withdrawn, and no further action will be taken on his case.

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain was granted, with a rating of 20 percent effective December 6, 2000. The appeal for an earlier effective date than June 30, 1997, for the increase in disability evaluation was denied.

The VA denied the veteran's claim for an increased evaluation of his lumbosacral strain with degenerative arthritis, which was previously rated at 10 percent. The RO has now increased it to 20 percent effective March 1999.

The Board has determined that the appellant is not entitled to a compensable evaluation for his service-connected sinusitis, right shoulder separation, or lumbosacral strain.

The Board denied an increased evaluation for lumbosacral strain and Graves Disease. The veteran's lumbosacral strain results in no more than characteristic pain, while her Graves Disease is currently evaluated at a 10% rating.

The veteran's cause of death is service-connected due to his pre-existing chondrosarcoma, which had its onset during service.

The VA has determined that the veteran's post-operative discectomy residuals do not warrant a rating higher than 40 percent.

The veteran's peripheral neuropathy is attributed to his diabetes mellitus, not service or exposure to Agent Orange. Service connection for PTSD and sleep apnea remains pending due to the need for further verification of stressors and evaluation.

The Board found that the appellant's back disability, including degenerative disc disease, arthritis, radiculopathy, and ankylosing spondylitis, was not incurred or aggravated by service. The congenital anomaly of the lumbosacral spine with asymmetric facet joints at L5-S1 with sclerosis was determined to be a defect rather than a disease, and thus not subject to service connection.

The Board of Veterans' Appeals has denied the veteran's claims for special monthly pension benefits based on the need for regular aid and attendance or at the housebound rate, finding that his disabilities do not meet the criteria for these benefits.