Sleep apnea decisions — 2017

The Board has decided to remand the Veteran's claims for service connection for sleep apnea and a compensable rating for residuals of anal fissure with rectal bleeding due to inadequate VA examination reports, lack of discussion regarding the etiology of his sleep apnea symptoms, and need for additional evidence.

The Veteran's appeal is remanded for further development, including obtaining an adequate medical opinion regarding the relationship between his service-connected disabilities and his acquired psychiatric disorder.

The Board has remanded the case due to an unadjudicated claim of entitlement to service connection for obesity, which is inextricably intertwined with the current appeal. The AOJ should adjudicate this issue and consider VAOPGPREC 1-2017 when doing so.

The Veteran's appeal is being remanded for the VA to obtain additional treatment records and conduct a new examination. The TDIU claim is also being remanded as it is intertwined with the above-mentioned claim.

The Veteran's claim for service connection for bilateral foot dermatophytosis or pseudomonas aeruginosa was denied. The Board found no evidence of such condition in service and concluded that the current skin condition is less likely than not permanently aggravated by any in-service events. For the increased rating issue, the criteria were not met prior to June 26, 2012, but from that date onward, the criteria for a higher disability rating were also not met. The claim for TDIU was not addressed as it is considered part of an increased disability rating claim.

The Board has determined that the Veteran's bilateral legal blindness, including due to retinitis pigmentosa, was not incurred or aggravated by service. The evidence does not support a finding of in-service aggravation of the condition and there is no evidence linking post-surgical cataracts or refractive errors to service.

The Board has remanded the claims of entitlement to service connection for sleep apnea and chronic obstructive pulmonary disease due to a lack of VA examinations, and the Veteran's competency in handling disbursement of funds.

The Board has denied the Veteran's claims for service connection for tinnitus, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), restless leg syndrome, and an acquired psychiatric disorder. The reasons are provided in the decision.

The Veteran's claim for an initial rating in excess of 30 percent for acne rosacea was denied by the Board. The evidence did not show more than 40 percent of his entire body or exposed areas affected, nor constant systemic therapy required.

The Veteran's appeal is being remanded for additional development, including a new VA examination of his lumbar spine disability and proper development of the TDIU claim.

The Veteran's service-connected conditions have been rated appropriately, with the exception of his persistent adjustment disorder which has resulted in a TDIU and SMC at the housebound rate.

The Board found that the reduction in rating for bilateral hearing loss from 20 percent to 10 percent was not proper due to a lack of improvement in the Veteran's ability to function under ordinary conditions. The appeal is denied.

The Veteran's claims for service connection for memory loss, dizziness and/or balance problems, neuropathy of the face (trigeminal neuralgia), chronic pain, and sleep disorder have been denied as there is no evidence linking these conditions to his military service.

The Board found that the Veteran's low back disability clearly and unmistakably existed prior to service, and was not permanently aggravated during service.

The Veteran's obstructive sleep apnea is found to have had its onset during his active duty service and has been recurrent since then, warranting service connection.

The Board has determined that the Veteran's service-connected conditions do not warrant an increased rating or any other favorable determination.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available for limitation of motion without ankylosis. The Board finds that his symptoms do not warrant a higher evaluation as there is no evidence of unfavorable ankylosis or intervertebral disc syndrome requiring bed rest.

The Board has remanded the case for additional development, including obtaining a VA examination and updating treatment records. The Veteran's lay statements of in-service symptoms are to be considered along with medical evidence.

The Veteran's service-connected disabilities did not render him unemployable prior to September 8, 2011. The Board finds that the evidence does not show he was incapable of securing and following a substantially gainful occupation due to his service-connected conditions.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or for adaptive equipment only.