Sleep apnea decisions — 2000

The Board denied the veteran's claims for service connection of a lumbosacral spine disorder and an increased rating for PTSD. The veteran's current PTSD is currently rated as 30 percent disabling, but his claim was not well-grounded due to lack of medical evidence linking his current disability to his military service.

The veteran's case is being remanded for further development, including a VA examination to assess the severity of his service-connected lumbosacral strain and whether an extraschedular rating is warranted.

The veteran's back disorder results in significant limitation of motion with objectively demonstrated pain on motion, and the level of disability associated with his low back strain more nearly approximates the criteria for a 40 percent rating.

The Board has determined that the veteran's lumbosacral strain and degenerative disc disease warrant a 20 percent evaluation, effective from his date of claim.

The Board has determined that the veteran's degenerative arthritis of both hips, lumbosacral strain with disc disease and arthritis, and bilateral hearing loss are all service-connected. The evaluation for lumbosacral strain is granted at 20 percent, while the hearing loss remains noncompensable.

The Board denied the veteran's claims for service connection and a higher rating for his left hand disability, as well as for bilateral hearing loss. The veteran was granted a noncompensable evaluation for residuals of a laceration of the fifth finger of the left hand in January 1997.

The Board found that the appellant's claims of service connection for endometriosis, lumbosacral strain, and major depression were not well-grounded due to lack of competent evidence linking these conditions to her military service.

The veteran's claim for a total rating based on individual unemployability (TRIU) is denied as his service-connected disabilities do not meet the legal threshold for such a rating.

The Board has determined that the veteran's current post-operative lumbosacral spine disorder is not related to his military service and thus denied the claim for service connection.

The veteran's nonservice-connected disabilities, including bronchial asthma and duodenal ulcer, do not meet the criteria for a permanent and total disability rating for pension purposes.

The Board has granted a 40 percent disability evaluation for lumbosacral strain with degenerative disc disease and denied a compensable disability evaluation for metatarsal calluses of the left foot.

The Board has granted the veteran's claims for service connection for an acquired psychiatric disorder and lumbosacral degenerative disc disease with spondylolisthesis and L5-S1 herniated intravertebral disc as secondary to her service-connected left ankle disability. The claim of entitlement to increased evaluation for residuals of a left ankle sprain is granted.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no competent evidence linking these conditions to his active service.

The Board denied an evaluation in excess of 10 percent for lumbosacral strain prior to July 31, 1996 and denied a rating in excess of 40 percent for lumbosacral strain with degenerative changes of the lumbar spine and narrowing of the joint space at L2 - L3.

The Board denied service connection for depression and right upper extremity disorder (carpal tunnel syndrome) in March 1990. The veteran's claim for service connection for a right upper extremity disorder characterized as carpal tunnel syndrome is reopened, but the claim remains denied due to lack of evidence linking current disability to service.

The veteran's claims for increased ratings and service connection have been denied. The VA has determined that the current evaluations are appropriate.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral strain, effective from the date of the June 1992 decision.

The veteran is entitled to an earlier effective date of July 28, 1994 for the award of a total disability rating based on individual unemployability due to his service-connected disabilities. The veteran's disabilities were rated at 80 percent prior to this decision.

The Board denied the appellant's claims for an increased evaluation for his service-connected degenerative joint disease, lumbosacral spine with history of back injury and compensation under 38 U.S.C.A. § 1151 for headaches.

The veteran's claims for service connection and increased ratings were denied. The Board found the evidence insufficient to support a well-grounded claim for secondary service connection.