Sleep apnea decisions — 2000

The Board has determined that the veteran's service-connected lumbosacral strain warrants a disability rating of 40 percent, reflecting the severity of his symptoms and functional impairment.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the full nature and extent of his service-connected lumbosacral sprain with lumbar laminectomy. The RO must also address the issues of service connection for a right hip condition and individual unemployability.

The RO increased the rating for lumbosacral strain with myofascial syndrome to 20 percent effective February 10, 1997.

The Board denied service connection for chronic low back disorder and an increased evaluation for bilateral varicose veins. The veteran's claim of a chronic low back disorder was granted, but the Board found no evidence to support service connection for lumbosacral spine degenerative disc disease.

The veteran's low back disability is rated at 40 percent, and his lipoma of the left lateral lumbar area does not meet criteria for a compensable rating.

The Board has determined that additional evidence is needed to properly evaluate the veteran's service-connected migraine headaches and herniated nucleus pulposus (HNP) of the lumbosacral spine, including recent medical records and a VA examination.

The Board found that the veteran's claim for service connection for lumbosacral strain (claimed as back condition) is not well grounded, and denied it. The claim for reopening a bilateral knee condition was also denied due to lack of new and material evidence.

The Board found that the veteran's claim for service connection for PTSD was not well-grounded due to a lack of verified in-service stressor and current diagnosis. The claim for increased evaluation for lumbosacral sprain residuals is denied.

The veteran's traumatic arthritis of the lumbar spine is rated at 40 percent disabling, and his claim for a total rating based on individual unemployability due to service-connected disability is granted.

The VA determined that the veteran's service-connected disabilities do not render her unable to engage in substantially gainful employment, and thus denied her claim for a total disability rating based on individual unemployability.

The VA determined that the veteran's service-connected lumbar spine injury, including strain and degenerative joint disease (DJD), does not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's low back disorder is not related to service and he does not have any other service-connected disabilities. Therefore, his claim for service connection is denied. Additionally, he is not eligible for a TDIU rating as he does not have any service-connected disabilities.

The veteran's service-connected lumbosacral strain, prostatitis, and tinea pedis and tinea versicolor are currently rated as 10 percent each. The Board denied higher ratings for these conditions.

The Board denied the veteran's claims for increased ratings, secondary service connection, and a total compensation rating based on individual unemployability. The left ankle disability was rated at 30 percent, but no higher. The back and right knee disabilities were not found to be related to the service-connected left ankle condition.

The veteran's claims for increased disability evaluations and special monthly compensation were denied. The service-connected lumbosacral spine disability remains at a 60 percent rating, which is the maximum under applicable criteria.

The Board denied an earlier effective date for a 40 percent evaluation for lumbosacral strain, finding that it was not factually ascertainable before December 7, 1998, that the veteran's back disorder had increased in severity to meet the criteria for such a rating.

The veteran's service-connected gastritis medicamentosa is currently asymptomatic and his present upper gastrointestinal symptoms are unrelated to this condition. As a result, he does not meet the criteria for a compensable evaluation.

The veteran has withdrawn his appeal, and the case is dismissed without prejudice.

The veteran's death was not service-connected, and the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The Board denied the appellant's claims for service connection for bilateral hearing loss, a skin condition claimed as a residual of exposure to Agent Orange, and chronic lumbosacral strain. The claim for PTSD was granted with an evaluation in excess of 30 percent.