Sleep apnea decisions — 2000

The Board granted service connection for lumbosacral strain with spasms, disc protrusion at L5-S1, and mild degenerative disc disease at L5-S1. The initial rating of 20% was maintained for residuals of a right patellar fracture. The TDIU claim was also granted.

The Board has decided to remand the veteran's claim for TDIU due to a lack of recent medical examination and evidence, requiring further development including an additional VA examination.

The Board denied the veteran's claims for increased ratings for his service-connected chronic lumbosacral strain and diabetes mellitus, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's increased rating claims for various service-connected disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The veteran's PTSD is currently rated at 10 percent, and his residuals of a gunshot wound to the right shoulder with small fracture of the acromion are also rated at 10 percent. The appeal involves both service connection issues.

The Board denied restoration of a 40 percent disability rating for lumbosacral strain, finding that the evidence demonstrated improvement and was consistent with prior examinations.

The Board found that the veteran's service-connected disabilities, including multiple sclerosis, prevented him from obtaining gainful employment and granted basic eligibility for nonservice-connected disability pension benefits.

The Board denied the claim for service connection for residuals of a low back injury, finding that there was no competent evidence linking current diagnoses to an inservice injury.

The Board found that the veteran's claim of service connection for left ear hearing loss was not well grounded due to lack of evidence meeting VA standards. The low back disability issue is remanded for further development and consideration.

The Board has denied the veteran's claims for service connection for a lumbosacral spine disability and an increased rating for his cervical spine disability. The claim for service connection is not well-grounded, while the claim for an increased rating is well-grounded.

The veteran's thoraco-lumbar strain and Morton's neuroma of the left foot were granted initial ratings, while his sleep apnea with tonsillectomy residuals was not rated higher than a non-compensable rating.

The Board granted a 20 percent rating for the veteran's intervertebral disc syndrome of the lumbosacral spine effective from December 16, 1998.

The Board denied service connection for migraine headaches with nausea and lumbosacral strain due to undiagnosed illness, finding the evidence did not support a well-grounded claim.

The veteran's claim for non-service-connected pension benefits was denied multiple times, and the effective date of his award is set at June 11, 1997.

The Board granted an increased rating of 40 percent for the veteran's service-connected degenerative disc disease of the lumbosacral spine with a right foot drop, effective July 11, 1995.

The veteran's claim for an increased rating for hidradenitis suppurative is being remanded due to the need for further development. The case also remains on hold regarding reopening of a service connection claim for a lumbosacral strain.

The veteran's service-connected lumbosacral strain with intermittent right sciatic neuralgia was rated at 40 percent since October 9, 1989. The appeal for higher ratings is denied.

The Board denied the veteran's claims for service connection for lumbosacral strain, right tarsal tunnel syndrome and reflex sympathetic dystrophy of the ankle and foot, left heel spur, and degenerative joint disease of the right knee, all secondary to her service-connected chondromalacia of the left knee with chronic tenosynovitis.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and consideration of functional loss.

The Board has determined that there is no well-grounded claim for service connection of any of the claimed conditions. The veteran's claims were denied as his evidence did not establish a nexus between his current disabilities and service.