Sleep apnea decisions — 2018

The Veteran's claims for service connection for sleep apnea, diabetes mellitus (secondary to PTSD), hypertension (secondary to PTSD), asthma, and a right foot disability were denied. The claim for an initial evaluation in excess of 10 percent for residuals of left ankle fracture was granted with a 10% rating effective July 31, 2008. Service connection for PTSD was granted with a 50% rating effective March 26, 2014. The Veteran's claim for TDIU prior to March 26, 2014 was also granted.

The Veteran's service-connected COPD, chronic bronchitis, and obstructive sleep apnea are currently rated at 60 percent. A separate rating for the obstructive sleep apnea is precluded by law.

The Board has remanded the Veteran's claims for sleep apnea, left heel spur, right heel spur, right plantar fasciitis, and left ear hearing loss due to a lack of VA examinations. The Veteran is required to provide information about any treatment providers who have provided care related to these conditions.

The Veteran's claim for a disability rating of 40 percent for degenerative arthritis, lumbosacranal spine is granted. The claim for TDIU is also granted, effective March 1, 2013.

The Board has determined that the Veteran's appeal is remanded for additional development, including obtaining VA examinations and records. The issues of service connection are not addressed in this decision.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a current disability and no causal relationship to service or a service-connected condition.

The Veteran's sleep apnea and tinnitus were denied as service connection was not established, and the initial rating for tinnitus could not exceed 10 percent.

The Veteran's claim for an initial compensable rating for service-connected acne with rosacea is remanded due to the need for a contemporaneous examination and updated treatment records.

The Board has remanded the Veteran's claims for service connection and increased rating due to insufficient evidence. The Veteran is required to provide medical records from his private doctors, and a VA examination will be conducted.

The Veteran's claims for higher ratings and service connection are being remanded due to the need for additional development, including obtaining medical records and a VA examination.

The Veteran's multiple service-connected conditions, including his adjustment disorder and various musculoskeletal issues, have rendered him unable to secure or follow a substantially gainful occupation. His combined rating is at the maximum level.

The Board denied service connection for retinitis pigmentosa, finding that the Veteran's eye disability existed prior to service and did not increase in severity beyond its natural progression during service.

The Veteran's claims for service connection have been reopened, but the Board has not found new and material evidence to support these claims. The left shoulder disability claim is granted as there is now credible evidence of a current condition. The left knee disability, sinus disability (including sinusitis), sleep disorder (including sleep apnea and secondary to tinnitus), and hypertension claims are denied due to lack of new and material evidence.

The Board has remanded the claims for left hand, right hand, low back, left leg, right leg, bilateral hearing loss, COPD, sleep apnea, residuals of head trauma, and headache disorder as well as the psychiatric disorders. The VA will obtain all outstanding VA treatment records and provide a VA psychiatric examination to determine if any current psychiatric disorders are related to service.

The Veteran's hemorrhoids and body aches of the entire body are found to have begun during service, while kidney stones with lithotripsy, OSA with insomnia, right leg numbness and tingling, and cardiovascular disorder manifested by heart palpitations are not related to service.,Further examination is needed for the claims regarding body aches of the entire body, OSA with insomnia, right leg numbness and tingling, and cardiovascular disorder.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, DM due to herbicide exposure in Thailand, low back condition, HTN secondary to DM, and OSA. The claims are being remanded for further development of evidence regarding the Veteran's claimed conditions.

The Board has determined that further development is needed for the issues of service connection for lumbosacral spine DDD, cervical spine DDD, and cervical radiculopathy. The Veteran's claims are being remanded to obtain additional medical records and to provide a new VA examination.

The Veteran's claims of service connection for COPD, diabetes mellitus, type II, heart disability, erectile dysfunction, bilateral lower extremity peripheral neuropathy, and sleep apnea have been granted. The appeals are based on presumed exposure to herbicides during service in the Republic of Vietnam.

The Veteran's cervical spine disability is currently rated as 20 percent disabling. The Board denied an increased evaluation, finding that the evidence did not show limitation of motion to less than 15 degrees in forward flexion or a combined range of motion less than 170 degrees.,Service connection for sleep apnea was denied because there was no medical evidence linking it to the service-connected cervical spine disability. The Board found that the Veteran's sleep apnea is more likely due to other factors such as age, weight, and family history.

The Veteran's claim for service connection for a respiratory condition, heart disability (ischemic heart disease), and sleep apnea has been reopened. The Board finds that new evidence received since the last final denial raises a reasonable possibility of substantiating these claims.