Sleep apnea decisions — 2018

The Veteran's claims for PTSD, prostate cancer, throat cancer, asthma, right knee disability, left knee disability, and left knee scar have been remanded due to the need for additional development.,Service connection for prostate cancer is granted based on presumed exposure to herbicide agents.

The Board has determined that the Veteran's current diagnosis of sleep apnea is related to his military service, and thus grants the claim for service connection.

The Veteran is seeking an earlier effective date for a 50 percent disability evaluation for his service-connected Obstructive Sleep Apnea (OSA) from before May 10, 2013. The Board has determined that additional medical records are needed to determine when the Veteran's entitlement to this rating arose.

The Board has remanded the Veteran's claims for service connection for left foot plantar fasciitis, right foot plantar fasciitis, and sleep apnea due to the need for additional medical opinions regarding the onset of these conditions during periods of active duty.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected migraines and depression, but needs further examination and evidence to determine this definitively.

The Board has dismissed all appeals due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of the appeal.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea and increased rating for diabetes mellitus type II due to conflicting medical opinions and need for further examination.

The Board has decided to remand the Veteran's claim of service connection for sleep apnea due to insufficient evidence and a need for further examination.

The Board has decided that an examination is needed to determine if the Veteran's obstructive sleep apnea had its onset during his period of active service.

The Veteran's service-connected PTSD has been granted an initial rating of 70 percent, effective from the date of claim. The other claims have been remanded for further development.

The Veteran's lumbar spine disability was initially rated at 20 percent prior to November 8, 2016. From that date, the rating was increased to 40 percent.

The Board has granted service connection for actinic keratoses, pustular dermatosis with rosacea-like features, and eczema as these conditions were caused by the Veteran's in-service exposure to sun and herbicide agents.

The Board denied service connection for left knee medial meniscus tear and obstructive sleep apnea, including as secondary to PTSD. The evidence did not support a link between the current conditions and active service.

The Veteran's claim of service connection for a left shoulder disability is granted. The Board finds that the Veteran's left shoulder disability had its onset in service or was otherwise caused by his service and grants service connection for this condition.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate VCAA notice and need for further development, including consideration of Persian Gulf Service considerations.

The Board has decided to remand three issues: service connection for diabetes mellitus, a psychiatric disorder, and sleep apnea. The Veteran's claims are being reviewed due to the submission of additional VA treatment records and the need for VA examinations.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea was first manifested during service or is related to his service-connected acquired psychiatric disorder. The examiner needs to provide opinions on these issues.

The Board has remanded the Veteran's claims for tinnitus and obstructive sleep apnea as secondary to service-connected TBI due to incomplete medical records and need for additional opinions.

The Veteran's lumbosacral spine disability was rated at 10 percent prior to February 25, 2013 and increased to 20 percent since then.,The Veteran's left knee condition has been rated at 10 percent throughout the appeal period. The Board granted a higher rating of 20 percent for his right foot osteoarthritis.

The Board has decided to remand the Veteran's claims for left shoulder and arm strain, lumbosacral strain, mood disorder, and bilateral flat feet as well as his claim of an earlier effective date. The case will be returned to the AOJ for further development.