Sleep apnea decisions — 2016

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new evidence and a need for clarification on an existing medical opinion.

The Veteran's obstructive sleep apnea is found to have had its onset during his service, specifically in 2005. The Board grants service connection for this condition on a direct basis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a new VA examination to assess her ability to secure and maintain substantially gainful employment due to her service-connected disabilities.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing addendum opinions from a VA examiner regarding the Veteran's claimed bilateral foot disability and sleep apnea.

The Board has determined that the Veteran does not have a current diagnosis of obstructive sleep apnea and therefore, service connection for this condition is denied.

The Veteran's service connection claims for diabetes, sleep apnea, diabetic neuropathy/numbness of the feet, hypertension and GERD/acid reflux have all been denied as they are not related to his military service.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and medical opinions regarding his low back disorder, tinea, sleep disorder, and left leg disorder.

The Veteran's sleep apnea is not related to service and is not directly related to, or aggravated by, his service-connected disabilities. The Board finds that the Veteran's current sleep apnea disability is not etiologically related to his military service.

The Veteran's bilateral hearing loss and tinnitus are found to be related to service exposure, while obstructive sleep apnea is also found to be related to service. The claim for a higher initial rating for Parkinson's disease remains on appeal.

The Veteran's claims for service connection for headaches, increased rating for traumatic arthritis of the lumbosacral spine, and separate evaluation for limitation of motion (left knee) were denied. The Veteran was granted a noncompensable rating for traumatic arthritis of the lumbosacral spine prior to November 20, 2015, and a 10 percent rating thereafter.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after rescheduling the hearing.

The Board has remanded the case for additional development due to incomplete medical opinions regarding the etiology of the Veteran's sleep apnea and plantar fasciitis.

The Board found that the Veteran's current cervical and lumbosacral spine conditions are related to his service, specifically a motor vehicle accident in July 1993. The VA examiner opined that it is less likely than not that these conditions were caused by this incident.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's claim of service connection for bilateral lower extremity radiculopathy was granted, and his rating for chronic lumbosacral strain was increased to 40 percent effective September 15, 2013. The issue of an evaluation in excess of 40 percent thereafter is still pending.

The Board has determined that the Veteran's sleep apnea and hypertension did not manifest during active service or within one year of discharge, and there is no competent evidence linking these conditions to his military service.,Regarding ulcerative colitis, the Veteran was diagnosed with this condition prior to his second period of active duty. The Board finds that while he had a history of ulcerative colitis before service, there is insufficient evidence to establish whether it was aggravated by service or if any current manifestations are related to service.

The Board has determined that the Veteran's fatigue is not due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness related to his service in Southwest Asia. The symptoms are attributed to known clinical diagnoses such as PTSD, back disability, obstructive sleep apnea, and shift work sleep disorder.

The Veteran is unemployable due to service-connected disabilities, and the Board grants a TDIU on an extraschedular basis.

The Veteran's diabetes mellitus and sleep apnea claims are being remanded for further development. The left shoulder disability, dyshidrosis, chest pain, chronic bronchitis, and chronic headaches claims are also being remanded due to procedural defects.

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.