Sleep apnea decisions — 2000

The veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting special monthly compensation based on the need for regular aid and attendance. However, he does not meet the criteria for housebound benefits due to a single service-connected disability rated at 100 percent.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, an increased evaluation for his back disability, a compensable evaluation for his bilateral hearing loss, and a total compensation rating based on unemployability. The decision also noted that the veteran's combined service-connected evaluation was 60 percent.

The VA determined that the veteran's disability, residuals of an injury to the lumbosacral spine with arthritis, does not warrant a rating higher than 10 percent.

The VA has determined that the veteran's service-connected lumbosacral strain does not warrant an increased rating beyond the current 20% evaluation.

The veteran's lumbosacral strain with periarthritis is manifested by inclined posture, limited motion, and evidence of osteophytes. The Board has granted a 40 percent evaluation for this condition.

The Board has granted the veteran's claim for service connection for a stomach disorder and assigned a separate rating of 20% for his degenerative disc and joint disease involving the lumbosacral spine. The increased evaluation for residuals of a gunshot wound of the lumbar region, Muscle Group XX, is also granted.

The Board has granted a 40% rating for the veteran's service-connected chronic lumbosacral strain with degenerative changes, effective prior to May 21, 1999.

The veteran's lumbosacral strain is productive of severe functional impairment, but the back disability does not meet the criteria for a higher evaluation as it does not involve pronounced intervertebral disc syndrome or ankylosis.

The Board has determined that the veteran's current cervical strain, left knee chondromalacia, and lumbosacral strain are all related to his active service. The original rating of 20 percent for the low back disability is granted.

The Board denied increased evaluations for COPD and lumbosacral strain as residuals of service-connected shell fragment wounds, finding that the evidence did not warrant an increase in disability ratings.

The Board found that the reduction in disability rating from 10 percent to noncompensable for lumbosacral strain was proper and upheld. The veteran's claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 was denied.

The Board has granted a rating of 60 percent for the veteran's chronic lumbosacral strain with bulging disc and herniation at L4-L5 and L5-S1 levels, effective as of the date of this decision.

The Board denied reimbursement or payment for the cost of private medical care provided to the veteran at McKennan Hospital from July 7 to [redacted], 1996, due to lack of a medical emergency and because VA facilities were feasibly available.

The Board denied the veteran's claim of entitlement to service connection for arthritis of the lumbosacral spine, finding that there was no competent evidence linking his current disability to service or Agent Orange exposure.

The veteran's low back disorder is rated at 60 percent disabling, and his conversion reaction is rated at 30 percent prior to May 28, 1997, and not higher after that date.

The Board finds that the veteran does not have an acquired psychiatric disorder related to service or a service-connected disability, and thus denies his claim for service connection.