Sleep apnea Board decisions

The Board has granted a 70 percent rating for PTSD effective May 12, 1997. The veteran's claim of service connection for degenerative disc disease of the lumbosacral spine is well-grounded.

The VA has determined that the veteran's lumbosacral strain with reverse spondylolisthesis is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds no evidence to support a higher rating.

The Board found no clear and unmistakable error in the August 1990 rating decision that denied service connection for retinitis pigmentosa. The RO reopened the claim based on new evidence submitted by the veteran, granted service connection for retinitis pigmentosa with a 100% disability rating effective September 22, 1997.

The veteran's service-connected lumbosacral strain is currently rated at 20 percent, and the Board has denied an increased rating.

The veteran's appeal is on whether he should receive increased disability evaluations for his service-connected DDD, DJD and chronic lumbosacral strain. The RO has requested additional medical records and will conduct further examinations to determine the current level of disability.

The Board denied the appellant's claims for increased evaluations for her lumbosacral strain with degenerative disc disease at L5-S1 and cervicitis, finding that the current ratings adequately reflected the severity of her conditions.

The Board denied the veteran's claims for an increased rating for lumbosacral strain and service connection for avascular necrosis of the right hip, finding that his claim for service connection was not well-grounded.

The Board has denied the veteran's claims for service connection for bilateral ankle disabilities and a compensable initial rating for sleep apnea. The evidence does not support current diagnoses of these conditions.

The Board denied the veteran's claims for reopening his service connection claim and for an increased rating for acne rosacea, finding that new evidence did not meet the criteria to reopen the claim or warrant a higher disability evaluation.

The Board denied the veteran's claim for special monthly pension benefits because he does not meet the criteria for aid and attendance or housebound status due to his disabilities. The evidence showed that the veteran is able to perform self-care activities, walk with a cane, drive an automobile, and leave his home when necessary.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for a VA orthopedic examination. The veteran's appeal regarding an increased rating for chronic lumbosacral strain is pending, while his claim for service connection for a bilateral knee disorder remains unresolved.

The veteran's appeals for increased evaluation and temporary total rating based on required convalescence following surgery were denied due to his failure to cooperate with the VA in obtaining necessary evidence.

The VA denied the veteran's request for an evaluation in excess of 20 percent for his service-connected lumbosacral strain, finding that the evidence did not support a higher rating based on severe symptoms or functional loss.

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

The Board denied the claims for service connection for Meniere's disease, an original rating in excess of 30 percent for post-traumatic stress disorder, and an increased rating in excess of 10 percent for a low back disability. The RO is instructed to readjudicate these issues with consideration of additional evidence.

The veteran's claim for TDIU was denied due to his service-connected disabilities not meeting the criteria for individual unemployability. The Board requested additional medical evidence to determine if the veteran's service-connected conditions, combined with any nonservice-connected conditions, render him unable to work.

The veteran's lumbosacral strain, status post-L4-L5 diskectomy and L4 laminotomy is currently rated at 40 percent due to severe impairment. The RO has denied the claim for an increased rating.

The Board has granted service connection and assigned a 10 percent evaluation for the veteran's lumbosacral strain, but denied increased evaluations for his right and left knee disabilities and status post cholecystectomy.

The Board denied the veteran's claims for initial compensable evaluations for bilateral bursitis of the hip and lumbosacral strain, finding that the evidence did not support entitlement to such evaluations.

The VA determined that the veteran's gynecologic disorder, including her right ovarian cystic disease, was not incurred in or aggravated by service.