Sleep apnea Board decisions

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.

The Veteran's claims for increased ratings and initial compensable ratings were granted, with the DDD of the lumbosacral spine receiving a 40 percent rating effective August 3, 2006. The right knee, left ankle pain, and right ankle pain each received initial noncompensable (0%) ratings effective October 7, 2008.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, and no higher. The appeal for increased ratings was denied.

The Veteran's claims for increased ratings and service connection are being remanded to allow the RO to consider additional evidence submitted by the Veteran.

The Board has remanded the case due to the need for additional development, including obtaining records from SSA and Worker's Compensation determinations.

The Board has remanded the case for further development due to the Veteran's failure to report for scheduled VA examinations and because of new guidance from the Department of Veterans' Affairs, Veterans Benefits Administration regarding service connection for hearing loss and/or tinnitus.

The Veteran's claim for a higher rating for his service-connected low back disorder was granted, with the effective date set at May 13, 2010.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging for a VA examination.