Sleep apnea decisions — 2000

The veteran's low back disability, manifested by severe recurring attacks of intervertebral disc syndrome, is rated at 40 percent under the criteria for degenerative disc disease and intervertebral disc syndrome. The RO has determined that this level of impairment warrants a higher evaluation than the current 20 percent rating.

The veteran's claim for an increased rating for his lumbosacral spine disorder was denied by the RO in May 1998, as he had already been granted service connection and a noncompensable disability rating.

The Board has determined that the veteran's chronic lumbosacral spine disability and peptic ulcer disease are service-connected, with a rating of 20% for the lumbosacral spine disability.

The Board found that the veteran's claims for PTSD, residuals of neck injury, and increased evaluation for lumbosacral strain were not well grounded. The evidence did not support a diagnosis of PTSD or establish service connection for the neck injury or lumbosacral strain.

The Board has determined that the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and major depressive disorder are not well grounded.

The veteran's service-connected myofascial syndrome of the lumbosacral spine and headache do not constitute an employment handicap, thus he does not meet the eligibility requirement for vocational rehabilitation training under Chapter 31.

The Board found that the veteran's current back disability, diagnosed as degenerative disc disease of the lumbosacral spine and possible demyelinating disease, is not related to his service due to lack of evidence showing a nexus between his in-service strain and his current condition.

The Board has granted a higher evaluation of 40 percent for the veteran's degenerative disc disease of the lumbosacral spine, effective April 10, 1997. The bipolar disorder with psychotic features is also rated at 30 percent, effective April 10, 1997.

The Board denied the veteran's claims of service connection for intermittent lumbosacral strain, shin splints, and an acquired psychiatric disorder (including chronic schizoaffective-type schizophrenia and bipolar disorder). The claim for eligibility for VA medical care based on service connection for chronic schizoaffective-type schizophrenia was also denied.

The veteran's claims for higher initial ratings and service connection were denied. The RO assigned the appropriate disability ratings based on the severity of his service-connected conditions, but did not grant any additional benefits.

The veteran's claim for an increased evaluation of his service-connected lumbosacral/dorsal spine disability is being remanded due to the need for updated medical records and a comprehensive VA examination.

The Board has determined that the veteran's claims for increased evaluations of his service-connected disabilities have been denied. The left hip, cervical spine, and lumbosacral spine conditions are currently evaluated at non-compensable levels.

The Board has denied the veteran's claims for service connection for various conditions, including bilateral posterior subcapsular cataracts and COPD, all secondary to exposure to ionizing radiation. The VA Assistant Chief Medical Director found it unlikely that these conditions were related to the veteran's in-service exposure.

The Board has reopened the veteran's claims for service connection for residuals of a back injury and bilateral knee disability, finding new and material evidence. However, it denied service connection for these conditions as they are not well-grounded due to lack of medical evidence linking them to service.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant a compensable evaluation.

The Board has granted a 20 percent rating for the veteran's lumbosacral strain and denied any increase in rating for his left knee disorder.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain and bilateral hearing loss, finding that the evidence did not support a rating in excess of 10 percent for either condition.

The Board denied the veteran's claims for service connection for degenerative disc disease of his spine and a temporary total convalescent rating based on laminectomy surgery performed in June 1995. The claim for an increased disability rating for lumbosacral strain was also denied as the highest possible schedular evaluation has been assigned.

The Board found no competent medical evidence associating the veteran's intervertebral disc syndrome with his military service or to his service-connected lumbosacral strain, thus denying service connection for intervertebral disc syndrome.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.