Sleep apnea decisions — 2003

The veteran's multiple disabilities, including osteomyelitis, ulcerative colitis, back pain, lumbar stenosis, obesity, and sleep apnea, require the care or assistance of another person on a regular basis. The Board finds that he is entitled to special monthly pension benefits based on the need for regular aid and attendance.

The Board denied the veteran's claims for increased evaluations for his service-connected left heel spur, right heel spur, and degenerative bony spurring of the lumbosacral spine.

The VA determined that the veteran's lumbosacral strain disability, currently rated at 20 percent, does not warrant a higher rating based on current evidence of record.

The veteran's left leg shortening and patellofemoral pain syndrome of the left knee are considered service-connected. However, his left knee tendinitis is not currently shown, and his lumbosacral strain with degenerative disc disease at L4-L5 and L5-S1 is granted.

The Board denied the veteran's claim for an increased rating for lumbosacral strain and did not reopen his previously denied claim of service connection for degenerative joint disease of the lumbar spine.

The veteran's lumbosacral strain with degenerative changes and degenerative disc disease is rated at 10 percent, which is the maximum schedular rating available under current VA regulations. The left ankle condition is rated at 10 percent.

The veteran's claim for service connection for hematuria was granted. However, his claim for an increased rating of 40 percent or more for spondylosis of the lumbosacral spine was denied.

The Board has granted a 40 percent rating for the service-connected lumbosacral strain, effective from the date of the decision.

The Board denied the veteran's claim for an evaluation in excess of 40 percent prior to December 30, 1999 based on an extraschedular basis due to the availability of higher schedular ratings and no evidence indicating that her disability affected her employability in ways not contemplated by the Rating Schedule.

The Board has granted a 60 percent rating for the veteran's service-connected lumbosacral strain, finding that it is productive of pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and demonstrable muscle spasm.

The veteran's need for regular aid and attendance or housebound status is denied as he can dress, undress, feed himself, attend to his wants of nature, and protect himself from hazards without the need for another person.

The Board denied service connection for PTSD, a back condition, bilateral hip and leg conditions as secondary to a back condition, residuals of cold weather trauma, left knee and left hand conditions. The appellant was not diagnosed with these conditions during service or due to exposure to environmental factors.

The Board has remanded the case for further evidentiary development, including scheduling a Travel Board hearing at the RO.

The Board denied a higher rating for the veteran's lumbosacral strain, finding that even with pain, no more than slight overall limitation of lumbar motion was shown.

The Board has determined that the veteran's traumatic arthritis of the lumbosacral spine warrants a 40 percent evaluation, which is the maximum allowed under the applicable rating criteria. The evidence does not support an increase in this evaluation.

The Board denied an increased rating for the veteran's lumbosacral strain, finding that his disability is currently rated as 20 percent disabling and does not warrant a higher evaluation.

The Board has reopened the claim for service connection for a GI disorder but denied it. The claims for residuals of malaria, dengue fever, cardiovascular disease, and sleep apnea were not met.

The veteran meets the criteria for a 60 percent disability rating for his lower back disorder, including intervertebral disc syndrome.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral strain and left shoulder bursitis, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has determined that the appellant does not have service connection for hearing loss, right ankle injury, right wrist sprain, tinnitus, left knee chondromalacia, serous otitis media, or cyst of the right testicle. The evaluation for lumbosacral strain is 10 percent.