Sleep apnea decisions — 2000

The veteran's claim for a compensable evaluation for his service-connected lumbosacral strain was denied due to failure to report for a scheduled VA examination.

The Board denied an earlier effective date for the grant of service connection for retinitis pigmentosa, finding that the earliest possible effective date is June 8, 1998.

The Board has determined that the veteran's service-connected chronic low back strain warrants a 40 percent evaluation, effective from the date of the decision.

The veteran's service-connected disabilities have been rated based on the criteria provided in the VA Schedule for Rating Disabilities. The claims for increased ratings are denied as the current evidence does not meet the schedular criteria for a compensable rating.,A VA examination is needed to assess the severity of the veteran's pseudofolliculitis barbae, lumbosacral strain, and knee disabilities.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the right hip, chronic prostate problems, degenerative joint disease of the lumbar spine, and sleep apnea. The claim for an initial compensable evaluation for right knee patellofemoral syndrome is pending.

The veteran's service-connected degenerative disc disease with sciatica and osteoarthritis lumbosacral spine is rated at 20 percent, while his service-connected migraine headaches are rated at 30 percent.

The veteran's lumbosacral strain was incurred in line of duty during active military service and is therefore granted service connection.

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

The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an increased rating for PTSD, and an increased rating for lumbosacral strain with psychophysiological musculoskeletal reaction.

The veteran's service-connected disabilities, including post-traumatic stress disorder and rectal leiomyosarcoma with removal of the rectum, require special monthly compensation at an increased rate due to his need for regular aid and attendance.

The Board has determined that the veteran's claims for service connection for various conditions, including fibromyalgia, impotence, sleep apnea, hair loss, irritable bowel syndrome, peripheral neuropathy, and skin rashes due to undiagnosed illnesses are not well grounded.

The veteran's claim for an increased rating for his service-connected lumbosacral strain with arthritis is being remanded due to the need for additional medical opinions and evidence.

The Board denied the veteran's claims for increased evaluations for lumbosacral strain with degenerative disc disease, finding that his symptoms did not warrant a rating higher than 10 percent from March 15, 1995 to October 20, 1996 and 20 percent on and after October 21, 1996.

The Board denied the veteran's claims for service connection for various back disorders, including upper back and lumbar spine myositis, lumbosacral sprain, and lumbosacral disc disease. The decision found that new evidence did not provide a basis to reopen the claim of service connection for upper back and lumbar spine myositis.

The VA determined that the appellant's postoperative residuals of leiomyosarcoma of the left knee do not warrant a disability rating higher than 10 percent, as there is no evidence of more than moderate muscle disability.

The veteran's PTSD resulted in symptoms bordering on gross repudiation of reality with disturbed thought or behavioral processes associated with almost all daily activities such as fantasy and confusion, resulting in a demonstrable inability to obtain or retain employment. The veteran's degenerative arthritis of the lumbosacral spine is manifested by no more than moderate limitation of motion.

The veteran's original claim for service connection was received on May 16, 1996. The RO granted the effective date of July 18, 1996, for his service-connected disabilities and later granted an earlier effective date of May 16, 1996.

The veteran's service-connected low back disability is rated at 40% and has been increased to 60% based on the severity of symptoms, including pain radiating into the buttocks and legs.

The veteran's claim for an increased rating for lumbosacral strain with spinal stenosis is being remanded due to the need for additional medical records and a new VA examination.

The Board of Veterans' Appeals has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees from past-due benefits.