Sleep apnea decisions — 2018

The Board has remanded the Veteran's claims of service connection for a right elbow disorder, sleep apnea (to include as secondary to service-connected chronic sinusitis and allergic rhinitis), and hypothyroidism due to incomplete medical records and lack of VA examinations.

The Board has reopened the Veteran's previously denied claims for service connection for chronic headaches, colitis, right ear hearing loss, tinnitus, sleep apnea, and leg disorders due to new evidence. The claims are remanded for further development including VA examinations.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, both on a schedular and extraschedular basis.

The Board has remanded the claims for service connection for pancreatitis, obstructive sleep apnea, and secondary service connection for diabetes due to inadequate medical opinions.

The Veteran's claim for service connection for lumbosacral degenerative disc disease associated with impairment of the right thigh is being remanded due to insufficient evidence. The Board requires a VA examiner to provide opinions regarding the etiology and aggravation of her lumbar spine disabilities.

The Veteran's left knee condition was rated based on the limitation of flexion. The evidence does not show that his range of motion in his left knee was limited to 60 degrees or less prior to October 6, 2010.,For the period from December 1, 2011 to September 15, 2015, the Veteran is in receipt of the highest schedular rating for any disability of the left knee or leg in the absence of an amputation. The evidence does not show that his spine was ankylosed or he had Intervertebral Disc Syndrome (IVDS).

The Board has granted service connection for sleep apnea secondary to service-connected unspecified anxiety disorder, but the issues of service connection for allergic rhinitis, asthma, a skin disability, and migraine headaches are remanded due to insufficient evidence.

The Board has reopened the Veteran's claims for service connection for sleep apnea and right eye disorder due to new evidence received since the final denial of these claims. The claims for right knee disability and left knee disability are also remanded for additional development.,The Veteran’s current right and left knee disabilities may be related to his service-connected lumbar spine disability, but further examination is needed to determine this.

The Board has denied service connection for cervical spine disorder, lumbar spine disorder, tinnitus, and obstructive sleep apnea (OSA). The case is remanded to obtain additional information regarding the Veteran's in-service stressors and to schedule a VA examination.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for right ear hearing loss, left ear hearing loss, back disorder, acquired psychiatric disorder (including PTSD), and sleep apnea. The claim for increased rating for history of hyperuricemia with recurrent gouty arthritis is also remanded.

The Veteran's claim for service connection for sleep apnea has been reopened, but the issue remains remanded due to additional development needed.,The Veteran's claim for service connection for a gynecological disorder is dismissed as there are no remaining questions of law or fact involving this issue.

The Board has determined that the Veteran does not have a right knee disability, left ankle disability, tinnitus, sleep apnea, or skin condition of the total body that began during service or is otherwise related to an in-service injury, event, or disease. The skin condition of the total body is considered secondary to his service-connected idiopathic retroperitoneal fibrosis.

The Veteran's claims of service connection for sleep apnea and bilateral knee disability have been granted. The Board found that the evidence was at least in equipoise that these conditions are related to his military service.

The Veteran's claim for service connection for bilateral plantar fasciitis, depressive disorder with anxious distress features, OSA, and lower back condition has been granted. The Veteran's claim for bilateral plantar fasciitis was reopened due to new evidence received since the previous denial in 2009. Service connection is established for these conditions.

The Board has determined that the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy require additional examination to determine the current severity of these conditions.

The Veteran's petition to reopen the previously denied claim for service connection for an acquired psychiatric disability was granted. Bilateral hearing loss and tinnitus were also granted as service-connected, while sleep apnea, valvular heart disease (claimed as ischemic heart disease), and hypertension were denied.,Service connection for bilateral hearing loss and tinnitus is established based on noise exposure during combat in Vietnam. Service connection for valvular heart disease was not established due to lack of evidence showing it was incurred or caused by service, including herbicide exposure.

The Veteran's claims for service connection for tinnitus, allergic rhinitis, and tension headaches have been granted. The Veteran's claim for a heart disorder has been denied. Other issues related to his service-connected conditions or disabilities are being remanded.

The Board has reopened the claims for service connection for right wrist pain, lumbosacral strain, colds, upper respiratory infections (claimed as sinus disorder), and bunions with hallux valgus deformity, partially compensated flat feet. The claims are being remanded due to a lack of VA examinations addressing these conditions.

The Board has granted service connection for cervical spine, lumbar spine, left foot, chronic fatigue syndrome, and obstructive sleep apnea disabilities. The claims for seizure disorder and blackouts/convulsions have been reopened.,Service connection was also granted for chronic sinusitis and lung cancer.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety disorder other than PTSD, depressive disorder, and a psychiatric sleep disorder is granted.,Service connection is also granted for the lumbar spine disorder. The Board finds that the evidence is in equipoise as to whether the current lumbar spine disorder is related to the Veteran's in-service low back pain.