Sleep apnea decisions — 2000

The Board has remanded the case for further action, including a new VA examination and consideration of whether service connection should be granted for lumbosacral disc syndrome.

The Board denied service connection for COPD and degenerative disc disease of the lumbosacral spine, finding that there was no competent medical evidence linking these conditions to active service. The claim for increased rating for left knee disability is pending.

The Board has granted a 10 percent evaluation for the veteran's service-connected lumbosacral strain, effective October 3, 1997.

The Board has granted a higher rating for the veteran's lumbosacral strain but denied an increased rating for gastritis.

The Board has denied the veteran's claims for increased evaluations for his service-connected cervical and lumbosacral spine conditions, left ankle fracture residuals, and allergic rhinitis.

The Board has granted service connection and assigned a noncompensable initial rating for sinusitis with tinnitus and headache. A separate 10 percent disability evaluation was granted for tinnitus. The remaining claims were denied.

The veteran's lumbosacral spine disability, including arthritis, was granted service connection. Service connection for chloracne is denied. The veteran received a 30% rating for left retinal detachment and a 10% rating for prostatectomy due to adenocarcinoma of the prostate.

The Board found no competent evidence linking the veteran's current right-sided pain to her service or any post-service conditions, and thus denied her claim for service connection.

The veteran is seeking an increased evaluation for his degenerative disc disease at L3-4, L4-5 and L5-S1 with lumbosacral strain. The RO has remanded the case to obtain additional evidence and consider whether separate disability ratings are warranted.

The Board denied an evaluation in excess of 20 percent for lumbosacral strain, and the RO is remanding the case to obtain additional evidence.

The veteran's claims for higher evaluations of his service-connected conditions have been granted, with a 10% evaluation assigned for each condition.

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

The Board has granted a 10% evaluation for chronic strain of the lumbosacral spine and found that the veteran's service-connected shoulder condition does not warrant a compensable rating. The issue of entitlement to a compensable evaluation for left biceps tendinitis, rule out rotator cuff injury is moot due to the grant of a 10% evaluation for the lumbosacral spine.

The Board denied entitlement to increased ratings for allergic/vasomotor rhinitis with headaches, pseudofolliculitis barbae, right wrist disability, and lumbosacral strain (back).

The Board denied the veteran's claims for an increased rating for his service-connected lumbosacral strain and for a total disability rating based on individual unemployability due to service-connected disabilities.

The veteran's disability conditions, including uncontrolled diabetes mellitus and amputation of the right leg, have rendered him unable to perform daily activities such as bathing, dressing, or toileting without assistance. The Board has determined that these conditions meet the criteria for special monthly pension based on the need for regular aid and attendance.

The Board finds that the appellant's service-connected lumbosacral strain with secondary paravertebral fibromyositis does not warrant a higher rating as his symptoms do not meet the criteria for a 40 percent disability under Diagnostic Codes 5292 and 5295.

The Board denied the appellant's claims for service connection for a neck injury and an increased rating for lumbosacral sprain, finding that there was no evidence of a nexus between his current disabilities and service.

The Board denied the reopened claim of service connection for retinitis pigmentosa, finding that new evidence did not establish a direct link to service.

The Board has determined that the veteran's claim of service connection for an acquired psychiatric disability is well-grounded and grants this claim. The Board also finds that the veteran's current diagnosis of psychosis, most consistent with schizophrenia, had its inception during his military service. However, the claims for lumbosacral strain, hearing loss, and peptic ulcer disease are not well-grounded as there is no medical evidence linking these conditions to his military service.