Sleep apnea decisions — 2016

The Veteran's service-connected bilateral plantar fasciitis is found to aggravate his post-service obesity/weight problems, which in turn aggravates his sleep apnea. Therefore, the Board grants service connection for sleep apnea as secondary to service-connected bilateral plantar fasciitis.

The Board has remanded the case for additional development and consideration, including scheduling a hearing before a Veterans Law Judge.

The Veteran's tinea pedis does not meet the criteria for a compensable rating, and his lumbosacral strain is rated at 40 percent, which is the maximum available under the applicable diagnostic codes.

The Board has granted service connection for sleep apnea. The issues of hypertension and epistaxis are being remanded for additional development.

The Veteran's obstructive sleep apnea has been sufficiently severe to require the use of a breathing device, but not resulting in chronic respiratory failure or cor pulmonale. The Veteran is currently rated at 50% for this condition.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining VA and private treatment records, scheduling a VA medical examination, and readjudicating the issues.

The Veteran's appeal is remanded due to the need for additional evidence and a VA examination.

The Board has remanded the case for further development, including an opinion on whether the Veteran's sleep apnea is caused or aggravated by his service-connected maxillary sinusitis and/or allergic rhinitis.

The Board has remanded the case for further development, including obtaining a VA examination and addressing whether the Veteran's obstructive sleep apnea is related to his military service or service-connected conditions.

The Board has remanded the case for additional development, including a VA examination and issuance of a Statement of the Case (SOC) regarding the Veteran's claim for service connection for PTSD. The case will be further adjudicated after these actions.

The Board has remanded the case for a new VA examination to determine if the Veteran's lumbar spine disorder is related to service, including his fall in service. The examiner must consider the Veteran's lay statements of continuity of symptomatology since injury in service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to address the etiology of his psychiatric disorder, spine, right foot, and right hip disabilities, as well as the severity of his service-connected right knee disabilities.

The Veteran's appeals for increased ratings and reopening of previously denied claims were denied. The Board found that new evidence did not meet the criteria to reopen his claim for service connection for a deviated nasal septum.

The Veteran's hurthle (thyroid) cancer is related to in-service exposure to ionizing radiation, and his obstructive sleep apnea may have had its onset during service. The Board finds the evidence in equipoise as to both claims.

The Board finds that the Veteran does not have a current disability related to his service-connected Anthrax vaccine, and thus cannot establish service connection for any of the claimed conditions.

The Board has ordered an exhaustive search for service records the Veteran reported he submitted to a VA examiner in 2007. The case is remanded for further development and readjudication.

The Board has determined that the Veteran's liposarcoma is related to his service, specifically due to Agent Orange exposure during service. As a result, the Board has granted service connection for liposarcoma and its secondary effects on splenectomy, muscle resection, colon resection, and nephrectomy.

The Veteran's bilateral hearing loss was reduced from 80% to 20%, effective July 1, 2012. The claim for a higher rating for his lumbar spine disability and TDIU is pending.

The Board has determined that the Veteran's claims for service connection for sleep apnea, left ankle disability, and right ankle disability are not supported by the evidence of record.

The Veteran's lumbosacral strain with associated radiculopathy was evaluated, and the RO found that a rating in excess of 40 percent is not warranted. The temporary total rating for hospital treatment from November 27, 2011 to February 29, 2012 was granted. Separate ratings for left lumbar radiculopathy (20%) and right lower extremity radiculopathy (20%) were assigned.