Sleep apnea decisions — 2018

The Board has determined that the VA examination conducted in February 2012 is inadequate for decision-making purposes and requires further evaluation. The Veteran's sleep apnea may be related to his service or secondary to his service-connected disabilities, but this needs to be clarified with a new examination.

The Board denied service connection for various conditions, including diabetes mellitus and coronary artery disease, all of which the Veteran claimed were due to in-service herbicide exposure. The evidence did not support a finding that the Veteran was exposed to Agent Orange or other herbicides during his active duty.

The Veteran's sleep apnea is being remanded for further evaluation due to the need for a medical opinion regarding its relationship to his service, including presumed herbicide agent exposure.

The Veteran's whole-body pain is attributed to skeletal arthritis, which has no direct connection to service.,Bilateral hearing loss and tinnitus are not shown as current disabilities for VA purposes.,Tinnitus began more than a year after separation from active duty service and is unrelated to any aspect of service.,The Veteran's diagnosed sleep apnea is not related to service, with no evidence suggesting an in-service onset or connection.,There is no objective evidence showing hair loss.

The Board has granted service connection for degenerative arthritis of the spine and obstructive sleep apnea, finding that these conditions are secondary to the Veteran's service-connected disabilities.

The Veteran's appeal for a higher rating for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the severity of his disability, including pain on range of motion testing and an estimation of functional loss during flare-ups.

The Veteran's disability rating for lumbosacral strain was reduced from 40% to 20%, but the RO restored the 40% rating effective October 1, 2015.

The Board dismissed the Veteran's motion for revision of a June 25, 2014 decision based on clear and unmistakable error (CUE) as it did not meet the pleading requirements.

The Board denied service connection for hypertension and denied increased ratings for lumbosacral spondylosis, left lower radiculopathy, and right lower radiculopathy. The Veteran's hypertension was not incurred in or aggravated by service as there is no evidence of it within one year post-service. His lumbosacral spondylosis did not result in incapacitating episodes requiring bed rest, so a higher rating could not be granted.

The Veteran's central sleep apnea is being remanded for further examination and opinion as to whether it is at least as likely as not related to her service-connected degenerative disc disease, including the medications used.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the nature and etiology of various disabilities, including sleep apnea, left knee disability, right knee disability, right ankle disability, chronic sinusitis, stress incontinence, residuals from cervical biopsies, and alopecia.

The Board has remanded the issues of service connection for sleep apnea, right hip disorder, left hip disorder, right hand disorder, left hand disorder, and right arm disorder due to inadequate medical opinions in the October 2015 VA examination.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected diabetes mellitus, requires further examination and evaluation.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 40 percent, effective November 28, 2018. The Board finds that a higher rating is warranted for this condition.

The Board has decided that the Veteran's obstructive sleep apnea may have started during his military service, but needs further medical examination to confirm this.

The Board has granted service connection for the Veteran's low spine disability, but remanded her claims for left hip disability and obstructive sleep apnea due to insufficient evidence.

The Board denied service connection for diabetes mellitus, breathing problems, and sleep apnea. The Veteran's diabetes mellitus is not related to his military service or exposure to chemicals in service.,The Board also denied service connection for breathing problems and sleep apnea, attributing these conditions to known clinical diagnoses rather than undiagnosed illnesses.

The Board denied service connection for lower back and bilateral knee conditions, but granted service connection for sleep apnea, headaches, and toenail condition. The rating assigned for tinnitus is 10%. Service connection was also granted for PTSD with a TDIU determination.

The Board has reopened the previously denied claims for sleep apnea, dizziness, muscle and joint pain, left and right-hand tremors, muscle movement disorder in the eyes, muscle movement disorder in the tongue, and tingling and cramping in the legs. The appeals are remanded to obtain additional medical records and provide further opinions regarding service connection.

The Board has remanded several issues related to the Veteran's service connection claims, including sleep apnea, hepatitis C, erectile dysfunction, and an acquired psychiatric disorder. The VA is instructed to obtain relevant medical records, request SSA disability benefits information, provide a VCAA notice letter regarding secondary service connection for an acquired psychiatric disorder, attempt to corroborate in-service stressors, and obtain addendum opinions from VA clinicians.