Sleep apnea decisions — 2000

The Board has granted a 20 percent rating for lumbosacral strain, finding that the veteran's symptoms more nearly approximate moderate functional loss with decreased endurance. The left knee issue remains unresolved.

The Board granted service connection for dysthymic disorder and increased the evaluation of lumbosacral strain to 40 percent, but denied an increase in the evaluation of hypertension.

The Board found that the appellant's current symptoms are not related to his service-connected lumbosacral strain and denied a compensable disability rating for this condition.

The Board found that the additional evidence submitted since February 1997 was not new and material, thus denying the reopening of claims for service connection for lumbosacral and cervical spine disorders.

The VA determined that the veteran's lumbosacral strain disability, which was already rated at 20 percent since July 14, 1992, does not warrant an evaluation in excess of this rating.

The Board has remanded the case due to insufficient development of evidence and need for additional examinations. The issues include a request for an increased rating, reopening of a secondary service connection claim, and seeking service connection for intervertebral disc disease.

The Board found that the veteran's current back disability is not service-connected and denied his claim for an increased rating.

The Board found no evidence linking the veteran's psychiatric disorders to her service and denied her claims for service connection. The rating for her urethritis was also denied.

The Board has determined that the veteran's service-connected low back disability, characterized as traumatic disc disease of the lumbosacral spine with lumbosacral strain, warrants a 20 percent evaluation under Diagnostic Code 5293. The evidence does not support a higher rating based on intervertebral disc syndrome or other diagnostic codes.

The veteran's claim for an increased rating and extraschedular evaluation for lumbosacral strain was denied by the RO. The case is being remanded to obtain additional medical records, conduct examinations, and consider whether an extraschedular evaluation is warranted.

The veteran's lumbosacral strain with degenerative disc disease and herniated disc at L5-S1 is currently rated as 20 percent disabling, but the Board has determined that a higher 40 percent rating is warranted based on more severe symptoms. The pseudofolliculitis barbae of the face and neck is currently rated as noncompensably disabling.

The Board has granted a 40 percent evaluation for the veteran's service-connected lumbosacral strain, which is currently rated as 20 percent disabling. The veteran's kidney stones are currently evaluated at 30 percent.

The Board found that the veteran's retinitis pigmentosa was incurred in active service and granted his claim for service connection.

The veteran's claims for service connection and earlier effective dates were denied. The Board found that the veteran did not meet the legal requirements for these claims due to the timing of her original claim.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain with degenerative disc disease at L4-5, effective August 6, 1997.

The veteran's appeal for an increased evaluation for low back pain and osteoarthritis of the lumbosacral spine was denied by the RO. The case is being remanded to schedule a hearing in accordance with the appellant's request.

The Board denied the veteran's claims for service connection for lumbosacral strain with degenerative changes as secondary to his service-connected right knee injury, hearing loss, and tinnitus. The decision is based on a lack of evidence showing that the service-connected right knee injury caused or aggravated the veteran's back condition.

The Board found that the veteran's lumbosacral strain is related to his service and granted service connection for this condition.

The Board has determined that the claim for service connection for degenerative disc disease of the lumbosacral spine is not well grounded and has been remanded to obtain a medical opinion linking the condition to service.

The veteran's claim for vocational rehabilitation training under Chapter 31 was denied because his education and work experience qualified him for suitable employment, despite having a service-connected disability.