Sleep apnea decisions — 2000

The veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbosacral spine with history of laminectomy at L4-5 was granted, effective from April 21, 1997.

The Board has granted a higher rating of 40 percent for the veteran's service-connected lumbosacral strain, effective from August 3, 1998. The 10 percent rating for degenerative arthritic changes of the lumbar spine remains unchanged.

The Board found that the veteran's claims for service connection were not well-grounded, and thus denied them. The chest nerve damage claim was related to treatment provided for a service-connected lumbosacral strain with postoperative residuals of a T5-6 diskectomy. The leg disorder claim was secondary to his service-connected lumbosacral strain and status post diskectomy at T5-6.

The Board denied the veteran's claims for increased evaluations for PTSD, diabetes mellitus, bilateral hearing loss, and lumbosacral strain. The current ratings of 30%, 20%, 50%, and 10% respectively are maintained.

The Board denied the veteran's claims for an increased evaluation for his service-connected chronic lumbosacral instability with DJD and for service connection for a chronic upper gastrointestinal disability as secondary to his low back disability. The veteran's low back disability is currently rated at 20 percent.

The Board has granted an increased rating of 20 percent for lumbosacral strain, effective from the date of receipt of his claim. The veteran's total evaluation based on individual unemployability is remanded.

The veteran's lumbosacral strain has been rated at 40% since June 13, 2000.,The right knee disability was initially granted with a noncompensable rating from September 1, 1995 to February 11, 1998. It was then increased to 10% from February 12, 1998 to June 12, 2000 and further increased to 40% after that date.

The Board denied the veteran's claims for increased disability ratings for arteriosclerotic heart disease and myositis, lumbosacral paravertebral.

The veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and arranging for a VA orthopedic examination. The issues on appeal are whether an increased initial evaluation should be granted for his right hip disability and if the bilateral factor was appropriately considered in previous rating decisions.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain with traumatic arthritis and unstable collateral ligament, right meniscectomy. The left knee disability claim was also denied as secondary to the service-connected back and right knee conditions.

The Board has determined that the veteran's service-connected lumbosacral spine disorder warrants a 40 percent rating, reflecting severe low back disability.

The Board denied an initial disability rating in excess of 10 percent for lumbosacral strain, finding that the veteran's symptoms did not meet criteria warranting a higher evaluation under applicable VA rating codes.

The Board has denied the veteran's claims for service connection and rating assignments due to lack of new and material evidence, as well as insufficient evidence supporting each claim.

Prior to December 30, 1999, the veteran's service-connected lumbosacral strain was rated at 20 percent disabling due to limitation of motion in forward flexion.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected left knee and low back disabilities.

The veteran's claim for an earlier effective date for service connection for post-operative residuals of leiomyosarcoma is denied.

The Board has granted a higher rating of 60 percent for the veteran's chronic low back pain with lumbosacral radiculopathy since January 1997, as it is productive of pronounced intervertebral disc syndrome.

The Board has granted a 40 percent evaluation for the veteran's degenerative disc disease of the lumbosacral spine with herniated nucleus pulposus at L4-5, effective from April 1997.

The veteran's service-connected amputated left leg disability is considered to have caused his lumbar intervertebral disc syndrome. His cervical spondylosis and pes planus with plantar fasciitis are rated as 20 percent disabling.

The RO has granted an effective date of September 30, 1994 for the grant of service connection for PTSD. The appellant's claims regarding initial ratings for his PTSD are pending and will be addressed in a future decision.