Sleep apnea decisions — 2015

The Board has determined that the Veteran's current low back disability, diagnosed as neuritis, radiculitis, intervertebral disc syndrome, arthritis, and lumbosacral sprain and strain, is related to his military service. As such, service connection for this condition is granted.

The Veteran's appeal is being remanded due to his failure to report for a videoconference hearing and the need to determine his current address. The case will be returned to the AOJ after scheduling him for a new hearing.

The Board has decided to remand the case for additional development due to an inadequate VA examination.

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

The Veteran's appeal is remanded for further development, including a new VA examination to assess the current severity of his chronic lumbosacral strain and whether it was incurred in or aggravated by service. Additional treatment records should also be obtained.

The Board has granted service connection for hypertension and found that the Veteran's sleep apnea is related to his in-service sinusitis and/or depression. The decision also noted that the Veteran was exposed to asbestos during service, but did not find a direct link between his sleep apnea and this exposure.

The Veteran's current obstructive sleep apnea is aggravated by his service-connected herniated lumbar discs, status post discectomies and lumbar interbody fusion at L4-L5 and L5-S1. The Board finds the medical opinions of record addressing the issue of aggravation stand in equipoise in terms of their probative value.

The Veteran is seeking payment or reimbursement for medical expenses incurred at Pulmonary Physicians of Gainesville on June 12, 2013. The Board has granted service connection for sleep apnea but the issue remains pending as it relates to a separate decision being issued concurrently.

The Board has determined that the Veteran's current lumbosacral spine, left knee, and cervical spine disabilities are not related to her service or any service-connected conditions. The claims for these disabilities have therefore been denied.

The Board has dismissed the appeals for bilateral heel pain and skin rashes as the Veteran withdrew his appeal of these issues. The remaining claims include a neck strain claim, sleep apnea claim secondary to PTSD, and TDIU claim.

The Veteran's appeal is being remanded for additional development, including obtaining private and VA treatment records. The issues of TTD evaluations following the September 2008 back surgery, service connection for shortness of breath, dizziness, and trigeminal neuralgia, and reopening a previously denied claim of service connection for a heart condition are all part of this appeal.

The Veteran's claim for a higher disability rating and TDIU was granted, effective November 11, 1999, based on evidence of increased disability prior to the date of his death.

The Board has remanded the case for additional development, including scheduling a videoconference hearing, issuing a statement of the case on the issue to reopen service connection for plantar fasciitis/flat feet, requesting VA outpatient records from January 2014 through the present, and scheduling a respiratory examination.

The Veteran's chronic headaches are found to have had their onset during active military service and are therefore granted service connection.,The Veteran's chronic fatigue syndrome is found to be caused by his service-connected PTSD and is therefore granted service connection.

The Veteran's claim for an increased rating in excess of 20 percent for lumbosacral strain is being remanded due to the need for a new examination and additional medical records.

The Board has remanded the case due to insufficient rationale for a VA examiner's opinion regarding the Veteran's ability to work, and because of the need to obtain additional evidence including earnings history from Social Security.

The Veteran has withdrawn his appeal for service connection for sleep apnea, and the Board is dismissing this issue.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and bilateral lower extremity radiculopathy have rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU.

The Board has remanded the case due to inadequate etiological opinion provided by the VA examiner in October 2013. The appellant's claim for service connection for sleep apnea will be reconsidered with new evidence and a proper medical opinion.

The Veteran's claims for an increased evaluation for shin splints of the right knee and service connection for a condition of the lumbosacral spine were denied. The Board found that there was no evidence to support higher ratings or service connection.