Sleep apnea decisions — 2011

The Board denied the Veteran's claims for service connection for sleep apnea and post-operative cardiac arrhythmia, finding that these conditions were not incurred or aggravated by active service.

The Veteran's claims for service connection for obstructive sleep apnea and temporary total rating based on convalescence from a CABG were denied. The effective date could not be established as the claim was received more than one year after the surgery, which is when entitlement arose.

The Veteran's lumbosacral degenerative joint disease is found to be aggravated by his service-connected left knee disability, and thus secondary to a service-connected condition.

The Board has remanded the case due to the need for more recent records, specifically a VA bone scan from October 2005. The Veteran's claim of service connection for a low back disability with radiculopathy is being reviewed.

The Board has granted a disability rating of 40 percent for lumbosacral strain from February 16, 2010 through November 2, 2010. The Veteran's claim for service connection for PTSD remains pending.

The Board has determined that the Veteran's lumbosacral strain does not meet the criteria for a 40 percent evaluation, and thus denied restoration of the previously reduced rating.

The Veteran requested to withdraw his appeal for service connection of obstructive sleep apnea, and as a result, the Board dismissed the appeal.

The Veteran's right foot heel spur is rated at 10% due to moderate disability, but no higher.,Degenerative disc disease of the cervical spine does not meet criteria for a compensable evaluation as it does not cause limitation in motion or other functional impairment.

The Board has determined that the Veteran's current lower back disabilities, including functional scoliosis, mild narrowing of the L5/S1 disc space, probable L5-S1 disc herniation, spondylolysis of the L5 vertebra on the left, a chronic lumbosacral strain, status post lumbar laminectomy, and degenerative disease of the lumbar spine, are related to his in-service injuries. As such, service connection for these disabilities is granted.

The Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, warranting a TDIU rating. Service connection for COPD is denied.

The Veteran's service-connected lumbosacral strain and radiculopathy of the left lower extremity have been rated at 40 percent combined, resulting in a TDIU rating.

The Veteran's lumbosacral spine disability is asymptomatic, and there is no objective evidence that the current clinical findings are attributable to the in-service trauma. As a result, the claim for a compensable rating has been denied.

The Board has determined that the Veteran's vocational rehabilitation training at INSEAD in France was unique and not available in the United States, preventing him from attending due to personal hardship. The criteria for vocational rehabilitation training outside the United States have been met.

The Veteran's PTSD is rated at 50 percent prior to January 9, 2010. Since then, the rating has been increased to 70 percent. The Veteran also meets criteria for a TDIU due to his service-connected disabilities.

The Board has determined that the Veteran does not meet the criteria to establish service connection for any of the claimed conditions, as there is no competent and credible evidence linking them to his military service.

The Veteran's claim for service connection for sleep disability, diagnosed as sleep apnea, is being remanded due to the need for a VA examination and additional medical records.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his degenerative disc disease of the lumbosacral spine at L4-5 status post laminectomy. Updated treatment records from the Charleston CBOC will also be associated with the claims file.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during service and have continued since. For periodontitis, the Board found no evidence of a compensable dental disability due to trauma or disease such as osteomyelitis, but rather concluded that the loss of teeth was due to periodontal disease.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for asthma, sinus condition, sleep apnea, carpal tunnel syndrome and jaw surgery. The claim for a spine disorder was denied as there is no current disability.

The Board has remanded the case for further development due to inadequate medical examination and consideration of lay statements.