Sleep apnea decisions — 2016

The Veteran's tinnitus and sleep apnea claims are being remanded for additional development as the VA examinations did not fully address the Veteran's lay statements regarding onset of symptoms, as well as the April 2010 report of Dr. Rull, the April 2010 statement of the Veteran's spouse, and the June 2014 statements from the Veteran's fellow servicemen.

The Veteran's GERD and sleep apnea claims are remanded for additional development, including a new examination for GERD and issuance of a supplemental statement of the case.

The Board has reopened the claim of entitlement to service connection for hyperreactive airway/asthma with allergic rhinitis and granted it. The Veteran's obstructive sleep apnea is found not related to his military service, but a VA examination is needed to address this issue further. The high cholesterol claim remains pending.

The Veteran's appeal is being remanded to the AOJ for additional development of evidence related to his claims, including review of SSA records and VA DBQs. The case will then be returned to the Board if necessary.

The Veteran's claims for service connection for sleep apnea syndrome and heart condition due to undiagnosed illness related to his Gulf War service have been denied as there is no evidence of such conditions in service or a medically unexplained chronic multisymptom illness, and the preponderance of the evidence does not support a finding that these conditions are causally related to service.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling examinations, and considering the Veteran's claims.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD.

The Board has decided to remand the case due to inadequate medical opinion and need for further development, including obtaining VA treatment records.

The Veteran's service-connected sleep apnea is rated at 50 percent, encompassing his previously service-connected chronic bronchitis, asthma, COPD, and allergic bronchospasms. Separate ratings for these conditions are not warranted as they are rated under a single 50 percent disability rating.

The Board finds that the Veteran's current sleep apnea and respiratory disorders are not related to his military service, as there is no evidence of such conditions during or immediately following service. The preponderance of the evidence does not support a finding that these conditions were incurred in service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining lay statements from his wife and daughter, and providing an addendum opinion regarding the etiology of his sleep apnea.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical opinions regarding the etiology of his current disabilities and obtaining treatment records from the Navy Hospital at Mucosa.

The Veteran's degenerative disc disease of the lumbosacral spine was not productive of forward flexion of the thoracolumbar spine to greater than 30 degrees but not greater than 60 degrees, or a combined range of motion of the thoracolumbar spine not greater than 120 degrees. The Veteran's condition did not meet the criteria for an evaluation in excess of 10 percent prior to December 5, 2013 and on or after December 5, 2013.

The Board has granted service connection for ischemic heart disease due to herbicide exposure. The remaining claims of service connection for hypertension, obstructive sleep apnea, and chronic kidney disease are remanded.

The Veteran's claims for service connection for Fuchs' dystrophy and cataracts, sleep apnea, hypertension, migraines with hyperventilation and blackouts, psychiatric disorder (depression with anxiety symptoms), and keratoconus have been denied. The maximum rating of 30 percent has been assigned for migraines.

The Veteran's service-connected damage to cranial nerves V, VII, and X associated with residual scar, status post adenocystic carcinoma of the submandibular gland with ptosis is found to be the proximate cause of his obstructive sleep apnea. The Veteran's ischemic heart disease has been granted a 10 percent evaluation.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's claims for service connection for sleep apnea and diabetes mellitus, type II. The remand is necessary due to insufficient opinions provided in previous examinations.

The Board has granted an initial disability evaluation of 10 percent for left lower extremity radiculopathy, effective June 18, 2007.

The Board has remanded the case for additional development, including obtaining a medical opinion to determine the nature and etiology of any current sleep apnea. The Veteran's lay assertions of having had problems sleeping during service are also considered.

The Veteran's asthma with COPD is rated at 100 percent effective February 11, 2013. Sleep apnea is found to be secondary to his service-connected asthma and COPD. Erectile dysfunction is not found to be related to or aggravated by the service-connected hypertension.