Sleep apnea decisions — 2018

The Board has remanded the cases for further development and to obtain medical opinions regarding the Veteran's sleep disorder, ADHD, and skin condition.

The Board has denied the Veteran's claims for service connection for sleep apnea, left knee disorder, right knee disorder, left shoulder disorder, left ear hearing loss, and right ear hearing loss due to a lack of evidence linking these conditions to his military service. The claims for tinnitus are also remanded as they are inextricably intertwined with the pending hearing loss claims.

The Board has reopened the Veteran's claims for service connection for multiple sclerosis, sleep apnea, headaches, joint pain, muscle pain, and chronic fatigue syndrome. The claim for service connection for thyroid cancer is remanded.

The Board has decided that further development is needed to determine if the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected deviated septum, and thus remands the case for additional examination.

The Veteran's sleep apnea is related to his active duty service, but the Board needs further evidence to determine when it began and whether it was aggravated by service.

The Board has remanded the Veteran's claims for service connection for sleep apnea, hand tremors, and heart disability due to herbicide agent exposure. The Veteran will be afforded VA examinations to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for bilateral hearing loss, sleep apnea, heart palpitations, an acquired psychiatric disorder (likely PTSD or another diagnosed condition), plantar keratotic lesions, and right-side nose scar as there may be outstanding VA treatment records that have not been associated with the claims file.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to a lumbosacral strain with degenerative disc disease. The Veteran's TDIU rating and ratings for his back disability and bilateral hearing loss are remanded.

The Veteran's claims for service connection for lumbar strain, right knee condition, dizziness, left knee condition, sleep apnea, heart condition, gastrointestinal disorder, CFS, left elbow condition, anxiety disorder, and headaches have been granted.,Service connection is established for a right knee disability, sleep apnea (as a respiratory condition), and anxiety disorder.

The Board denied service connection for sleep apnea and remanded the issue of a rating in excess of 10 percent for right ankle disability.

The Veteran's claim for a higher rating for lumbosacral strain was denied as his disability did not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has found that the Veteran's prostate condition and keloids are not related to his military service, but other conditions such as sleep apnea, hemorrhoids, cardiovascular signs and symptoms, acquired left eye condition, and fatigue remain under consideration due to their potential connection with service.

The Board has decided that the claim for service connection for obstructive sleep apnea, including as secondary to service-connected atrial fibrillation, needs further development. Specifically, a VA examination is required to determine if the Veteran's obstructive sleep apnea had its onset in, was aggravated by, or is otherwise etiologically related to his active duty service.

The Board denied service connection for fibromyalgia and obstructive sleep apnea, finding no evidence of their onset during service or relationship to a service-connected condition. The TDIU claim was also denied as the Veteran's combined rating did not meet the criteria.

The Board finds that the Veteran does not meet the requisite rating criteria for TDIU prior to June 4, 2013. The matter of entitlement to TDIU prior to June 3, 2014 is referred to the Director, Compensation Service, for extra-schedular consideration.

The Veteran was granted service connection for tinnitus, sleep apnea, irritable bowel syndrome (also claimed as irritable colon syndrome), gastritis, and Barrett's esophagus with GERD. The appeals for service connection for high cholesterol, hypertensive vascular disease, hypertension, and bruxism were dismissed.

The Board has determined that the Veteran's obstructive sleep apnea began during his active duty service and granted service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for obstructive sleep apnea. The Veteran's symptoms of loud snoring and gasping for air during active duty have led the Board to find that his current condition is at least in equipoise with his service, warranting service connection.

The Board has determined that the Veteran's obesity, back disorders (including herniated disc at T11-T12), right foot disorder, bilateral leg disorder, sleep apnea, respiratory disorder, and stomach disorder are not service-connected as they do not meet the criteria for service connection under VA laws and regulations.

The Veteran's claims for bilateral hearing loss, tinnitus, and obstructive sleep apnea as secondary to PTSD have all been denied. The Board found that the evidence did not support a finding of current disabilities or a link between service and these conditions.