Sleep apnea decisions — 2013

The Board has remanded the case for further development, including obtaining VA medical records and clarifying the examiner's opinion regarding whether any current skin disorders are related to service.

The Veteran's degenerative joint disease of the lumbosacral spine with spinal stenosis is found to have its onset during combat service in Korea and is therefore granted as service connected.

The Board found that the Veteran's sleep apnea was not incurred in service and is not related to a service-connected disability, thus denying his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for examinations to assess the severity of his service-connected disabilities.

The Veteran's tinea versicolor claim is remanded for a VA examination to determine the current severity of his skin disorder.,The Veteran's back disorder (including scoliosis and sacroiliitis) claim requires additional medical opinions regarding whether these conditions are related to service or pre-existing defects aggravated by service.,The Veteran's right knee disorder claim is remanded for a VA examination to determine the etiology of his current right leg/knee disorders, including sleep apnea.,The Veteran's sleep apnea claim requires an opinion on whether it is related to service. The pes planus claim is also remanded as new and material evidence has been received.

The Board has determined that the Veteran does not have current disabilities of hypertension, mitral valve disorder, post-concussion syndrome (residuals of TBI), restless leg syndrome, sleep apnea, left ankle disorder, left hip disorder, or right knee disorder. As such, service connection for these conditions is denied.

The Board has remanded the case for additional development due to new evidence submitted by the Veteran, and the appeal is now pending with the RO.

The Board has remanded the case for additional development, including obtaining SSA and Workman's Compensation records, scheduling an examination to assess the Veteran's employability due to his service-connected disabilities, and considering whether staged ratings are warranted.

The Veteran's onychomycosis was granted service connection as it is etiologically related to active duty service.,Obstructive sleep apnea and gastrointestinal (GI) disability were denied service connection due to lack of evidence linking these conditions to the Veteran's in-service asbestos exposure.

The Veteran's service-connected disabilities did not prevent him from maintaining substantially gainful employment prior to April 6, 2010.

The Board found that the Veteran's low back disability was not manifested during service or for many years after service, and is not otherwise related to service.

The Board has remanded the case due to a request for a Travel Board hearing, and will return it for further appellate review if necessary.

The Veteran's PTSD is rated at 50 percent, effective as of the date of this decision. The rating reflects occupational and social impairment with reduced reliability and productivity.

The Veteran's claims for a higher disability rating and TDIU are being remanded due to the need for additional development.

The Board found that the Veteran's sleep apnea is not caused or aggravated by his service-connected PTSD and/or type 2 diabetes mellitus, thus denying the claim for secondary service connection.

The Veteran's claims for service connection are being remanded due to the need to obtain missing Reserve treatment records and verify his periods of inactive duty for training (INACDUTRA).

The Veteran's spine disability, thoracolumbar myositis and lumbosacral disc disease with a bulging disc at L5-S1, is not productive of unfavorable ankylosis or incapacitating episodes having a total duration of six weeks or more during any one-year period. Radiculopathy has not been clinically established; electronic testing has been negative.

The Veteran's claim for a higher rating for his liposarcoma of the left thigh is being remanded due to outstanding medical records and releases needed from private providers.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea before the Board could make a decision.

The Veteran's claims for bilateral knee pain and low back pain, both claimed as joint or muscle pain respectively, were denied due to lack of evidence linking these conditions to service. The claim for neurologic signs and symptoms was also denied.