Sleep apnea decisions — 2000

The Board has determined that the veteran's lumbosacral strain warrants a 40 percent disability rating, resolving all reasonable doubt in favor of the claimant.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for lumbosacral strain, but the claim remains not well grounded as there is no medical nexus between any current disability and military service.

The Board denied the veteran's claims for service connection for arthritis of the left elbow, lumbosacral spine (neck), cervical spine, right hand, and both shoulders. The issues raised were whether new and material evidence had been presented to reopen a claim of entitlement to service connection for these conditions, as well as his claim for service connection for arthritis of the left hand and left foot.

The VA has denied the veteran's claim for an increased rating for his lumbosacral strain, currently evaluated at 10 percent.

The Board has granted service connection for degenerative joint disease of the lumbosacral spine, respiratory disorder to include asthma, bilateral foot disorder to include bone spurs of the heels, and bilateral ankle disability. Service connection was denied for right shoulder condition, left shoulder condition, right knee condition, and headaches.

The veteran's service-connected disabilities do not meet the criteria for an extension of his eligibility period for vocational rehabilitation training under Chapter 31, Title 38.

The Board denied the appellant's claims for higher ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for a rating in excess of 40 percent from October 10, 1997 to June 9, 1998 and for a rating in excess of 60 percent subsequent to October 1, 1998.

The Board denied an increased rating for service-connected lumbosacral strain with arthritis, currently evaluated at 40 percent.

The veteran's claims for increased evaluations of his service-connected conditions were denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for lumbosacral disc and joint disease, a 10 percent rating for cervical spine degenerative disc disease, or any other condition.

The Board finds that the veteran's lumbosacral spine disability was not incurred in or aggravated by service, and is not proximately due to his service-connected thoracic back strain. The criteria for a higher rating for his thoracic back strain have been met, but he does not meet the requirements for a TDIU rating.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral strain, effective from May 4, 1999.

The veteran's service-connected lumbosacral strain is rated at 40 percent, and his epidermophytosis of the feet remains at 10 percent. The claim for a total rating based on individual unemployability due to service-connected disabilities was denied.

The Board found that the veteran's claims of service connection for a neck disorder, bilateral knee disorder, stomach disorder, hiatal hernia, fatigue, and back disorder (arthritis of the lumbosacral spine) are not well-grounded due to lack of medical evidence supporting these conditions.

The Board denied an increased rating for the appellant's lumbosacral strain with fusion from L4-S1, spondylolisthesis, spondylolysis, bulging disc, and Spina Bifida Occulta.

The Board found that the veteran's claim for service connection for arthritis of multiple joints and lumbosacral strain was not well-grounded. The rating for lumbosacral strain was increased to 20 percent, effective July 1993.

The Board denied the veteran's claims for increased ratings and financial assistance, finding that his chronic lumbosacral strain warranted a 40% rating based on severe limitation of motion. The total disability rating claim was also denied.

The Board denied the claim of service connection for a back disorder, finding that the veteran's current condition was not incurred or aggravated by service. The evidence submitted since 1974 did not provide new and material information to support this conclusion.

The veteran's claims for increased evaluations for his lumbosacral spine disability and anxiety disorder are being remanded due to the need for additional VA examinations.

The veteran's claim for service connection for ocular rosacea, claimed as due to exposure to Agent Orange in service is denied because the condition is not a presumptive disease and there is no evidence of exposure to herbicide agents. The Board finds that the claim is not well-grounded.

The Board granted an increased disability rating of 20 percent for service-connected lumbosacral strain, finding that the veteran's current symptoms warranted this level of disability.