Sleep apnea Board decisions

The Board found that the veteran submitted new and material evidence sufficient to reopen his claim, allowing him to receive a disability evaluation for his low back condition effective January 28, 2000.

The Board has granted a 20 percent disability rating for the veteran's lumbosacral strain and lumbosacral spine arthritis, finding that the symptoms of pain and limitation of motion more nearly approximate the criteria for such a rating.

The veteran's claims for increased evaluations of his left shoulder, right ankle sprains, and residuals of left ankle sprains have been denied. The claim for a total disability rating based on individual unemployability due to service-connected disability is pending.

The Board has denied the veteran's claims for increased ratings for his service-connected right knee arthritis, post-operative left knee injury, and lumbosacral strain. The claim for TDIU remains pending.

The Board denied the veteran's claims for increased disability evaluations for his service-connected degenerative joint and disc disease of the lumbar spine and cervical spine, finding that the evidence did not meet the criteria for a higher evaluation.

The veteran's claim for an increased rating for his lumbosacral strain with mild traumatic spondylosis was denied. Service connection claims for post-traumatic stress disorder and other disabilities were also considered, but the evidence did not meet the criteria for a higher rating or service connection.

The Board denied the veteran's claim for service connection for a low back disability, finding no competent medical evidence linking his current condition to his military service.

The Board denied the veteran's claims for service connection for psoriasis and increased ratings for residuals of an appendectomy, to include a scar, and fungus infection of the scalp, feet and hands. The veteran's psoriasis was not found to be related to service or his other conditions. His scars were rated as 10% disabling.

The Board denied the veteran's claims for an increased evaluation for lumbosacral strain and special monthly pension benefits based on need for regular aid and attendance or being housebound, finding that the current 40 percent rating adequately reflects his disability.

The veteran's claim of entitlement to payment or reimbursement for unauthorized medical services provided during his hospitalizations is denied as not well-grounded because the treatment was not for a service-connected disability.

The veteran's claim for an increased disability rating for his service-connected lumbosacral strain was denied by the Board of Veterans' Appeals. The evidence showed severe limitation of motion, but no ankylosis or complete immobility of the lumbar spine. Therefore, a higher rating under applicable regulations is not warranted.

The Board has determined that the veteran's claim for service connection for arthritis of the lumbosacral spine is not well-grounded, as there is no competent medical evidence linking this condition to his military service or any other service-connected disorder. The claim for increased evaluation for arthralgia remains pending.

The Board has determined that the appellant's claims for increased evaluations of peptic ulcer disease, right ear hearing loss with labyrinthitis, and lumbosacral strain with arthritis are not well-grounded as his conditions do not meet the criteria for higher ratings under the applicable rating schedules.

The veteran's employer placed him on leave without pay due to his service-connected back disability, preventing him from working as a letter carrier. The combined rating for his service-connected conditions is 40 percent, which does not meet the schedular requirements for a total rating based on individual unemployability.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied. The Board also found that the veteran is not entitled to a TDIU based on his service-connected disabilities.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent effective July 15, 1997. The respiratory disorder (bronchial asthma) has been rated as 30 percent since February 1993.

The veteran's claims for increased ratings and service connection were granted, with the exception of tinnitus. The right shoulder condition was rated at 20 percent effective August 29, 1997; lumbosacral spine degenerative joint disease at 10 percent; and bilateral eczema at 10 percent. Service connection for tinnitus remains denied.

The Board found that the veteran's lumbosacral strain, as manifested by muscle spasm and limited range of motion, warrants a 20 percent evaluation under Diagnostic Code 5295.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status has been denied. The claim for reopening a previously denied service connection for stomach and bowel disorder remains closed due to lack of new and material evidence.

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and a special VA orthopedic examination.