Sleep apnea decisions — 2000

The veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain is being remanded due to the need for additional examinations and records review.

The Board found that the veteran's claims for service connection for left knee and back conditions are not well-grounded as there is no evidence showing a nexus between his current disabilities and his military service.

The Board denied an increased evaluation for the veteran's service-connected lumbosacral strain, currently rated at 20 percent.

The veteran's left ear hearing loss was aggravated by service and is now considered a disability. A current diagnosis of degenerative disc disease of the lumbosacral spine has been established, and it is as likely as not related to findings during his second period of active duty.

The veteran's service-connected fibromyositis of the lumbar spine is rated at 20 percent, and there is no basis for a separate rating based on multiple noncompensable disabilities.

The veteran's claims for increased evaluations and earlier effective dates were denied. The RO continued the maximum schedular evaluation for bilateral pes planus with shortening of the left lower extremity, but did not grant an increase in rating for lumbosacral strain or vitiligo dermatitis.

The veteran's claims for service connection for arthritis of the lumbosacral spine and bilateral foot disability are not well grounded.

The Board denied the veteran's claims for increased evaluations for her left knee, right and left foot disabilities. The service connection for these conditions was established but not reopened or granted new evidence.

The Board has restored the veteran's 20 percent rating for her mechanical low back pain and lumbosacral strain, finding that actual improvement in her disability under ordinary conditions of life and work was not demonstrated based on a May 1997 VA examination.

The veteran's service-connected disabilities, including PTSD, gunshot wound to muscle group XIX, removal of the left kidney, lumbosacral strain with arthritis and sacroilitis, status post gastric resection, small bowel resection and previous colostomy with dumping syndrome, and a muscle bulge associated with ventral and incisional hernia, preclude him from obtaining and retaining all forms of substantially gainful employment. As such, the veteran is granted a total disability rating based on individual unemployability.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a lumbosacral strain, claimed as low back pain. The veteran's current back disability is considered, but further development is needed to determine if there is a nexus between his current condition and his period of service or his service-connected disability.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain with traumatic hypertrophic changes was denied as the evidence did not meet the criteria for a higher rating.

The Board has restored the appellant's disability rating for degenerative disc disease of the lumbosacral spine from 20 percent to 40 percent.

The VA denied an evaluation in excess of 40 percent for the veteran's spondylolisthesis, degenerative disc disease, and traumatic arthritis of the lumbosacral spine.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain and left hip disability, finding that the evidence did not support a higher rating than currently assigned.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, which reflects no more than slight limitation of motion and minimal muscle spasm.

The Board has determined that the claim for service connection for lumbosacral radiculopathy is not well-grounded because there is no competent evidence showing a current disability due to disease or injury incurred in or aggravated by service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the submission of new evidence and the need for further examination.

The veteran's claim for special monthly pension based on need for regular aid and attendance or being housebound was denied due to his current disability rating of 100% for schizophrenia, which does not meet the criteria for additional disabilities independently ratable at 60%, nor is he substantially confined to his home.

The veteran's disabilities, including depression, right knee instability, and sleep apnea, do not meet the criteria for a permanent and total disability rating for pension purposes.