Sleep apnea decisions — 2016

The Veteran's sleep apnea disability is found to have developed during service and the Board grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining private and VA treatment records, scheduling a sleep apnea examination, and readjudicating the claim.

The Veteran's service connection claims for various conditions, including neuropathy, thrombocytopenia, a left arm scar, obstructive sleep apnea, and blurred vision are all granted.

The Veteran's claims for sleep apnea, bilateral sensorineural hearing loss disability, diabetes mellitus, erectile dysfunction, kidney disorder, peripheral neuropathy of the bilateral upper and lower extremities, acquired psychiatric disorder (to include PTSD), alcohol abuse disorder, acid reflux, and hypertension are being remanded due to the need for additional medical clarification.,The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical clarification.,The Veteran's claim for service connection for a bilateral sensorineural hearing loss disability is being remanded due to the need for additional medical clarification.,The Veteran's claim for service connection for diabetes mellitus is being remanded due to the need for additional medical clarification regarding exposure to Camp Lejeune and environmental toxins.,The Veteran's claim for service connection for erectile dysfunction, peripheral neuropathy of the bilateral upper and lower extremities, hypertension, and a kidney disorder are all being remanded due to the need for additional medical clarification.,The Veteran's claim for an acquired psychiatric disorder is being remanded due to the need for additional medical clarification regarding in-service psychiatric treatment records and diagnoses.,The Veteran's claim for service connection for alcohol abuse disorder is being remanded due to the need for additional medical clarification regarding the relationship between his alcohol use and any diagnosed mental health conditions.,The Veteran's claim for acid reflux is being remanded due to the need for additional medical clarification.,The Veteran's claim for hypertension is being remanded due to the need for additional medical clarification.

The Board has remanded the claims for hypertension and respiratory conditions due to inadequate examinations. The low back disorder claim is also being remanded as there are inconsistencies in the medical records regarding its etiology.

The Veteran's conditions, including diabetes and its related complications, are not service connected. The Board denied the claims for service connection based on lack of evidence showing onset or causation in service.

The Veteran's hypertension was first manifest during active duty and the Board has determined that it had causal origins in service. The low back disability, sleep apnea, and lower respiratory disability are not currently decided.

The Board has determined that the Veteran does not have service connection for sleep apnea or gastroesophageal reflux disease (GERD), claimed as acid reflux, due to lack of evidence showing these conditions were incurred in or aggravated by service.

The Board has remanded the case for additional development due to a Joint Motion for Remand (JMR) from the parties. The Veteran's claim of service connection for sleep apnea is being reviewed again.

The Veteran's lumbosacral spine strain was found to be manifested by limited motion, pain, and weakness. The VA determined that the current rating of 40 percent for his condition as of August 20, 2013, is appropriate.

The Board found that there is insufficient evidence to support a finding of service connection for the Veteran's respiratory disorder, including asbestosis and pulmonary fibrosis. The weight of the evidence does not support a diagnosis of these conditions.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and denied his claim.

The Veteran's lumbar spine disability has been rated as 60 percent since March 9, 1998.

The Veteran's service-connected migraines and sleep apnea make him unable to secure or follow a substantially gainful occupation, meeting the criteria for a TDIU.

The Veteran's claim for a rating in excess of 60 percent for intervertebral disc syndrome (IVDS) beginning October 20, 2014 is denied as there are no allegations or evidence of unfavorable ankylosis of the entire spine.

The Veteran's bilateral hearing loss has been evaluated as noncompensable, with no evidence of a compensable disability rating.,There is insufficient evidence to establish service connection for sleep apnea. The preponderance of the evidence does not support a finding that the Veteran's current sleep disorder is related to his military service.,The Veteran's claim for service connection for leukemia or non-Hodgkin's lymphoma has also been denied as there is no medical evidence showing he currently suffers from these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private medical records, scheduling a VA examination to determine the etiology of his sleep apnea and acquired psychiatric disorder, and readjudicating the claims.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him.

The Board has determined that the Veteran's lumbosacral spine, cervical spine, and radiculopathy disabilities are not related to his military service or any service-connected disability. The evidence does not support a finding of direct service connection for these conditions.

The Board has ordered additional development to obtain service treatment records and private medical records, as well as VA examination opinions addressing the etiology of the Veteran's diabetes mellitus type II and sleep apnea.