Sleep apnea decisions — 2018

The Board has decided to remand the case due to insufficient medical evidence regarding the etiology of the Veteran's sleep apnea. The Veteran must be provided with a VA examination to determine if her sleep apnea is related to service.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as it is found to have manifested during service and was misdiagnosed.

The Board denied service connection for tinnitus, hypertension, sleep apnea, and a respiratory disorder (claimed as lung condition) because the evidence did not show a relationship between these conditions and active service.,An initial rating in excess of 60 percent for CAD from November 1, 2014 was also denied.

The Board has remanded several issues for further development, including the effective date of service connection for sleep apnea and evaluations for various disabilities. The Veteran's claims for PTSD and a skin disability are also pending.

The Veteran's claims for service connection for sinusitis, bronchitis, asthma, pneumonia, and sleep apnea have been denied. His claim for an increased rating for PTSD has also been denied.

The Veteran's appeal is dismissed with respect to the issues of entitlement to a rating in excess of 50 percent for bipolar disorder and entitlement to an effective date of May 15, 2015 for the grant of service connection for obstructive sleep apnea. The issue of an effective date of August 6, 2014 for the grant of a 50 percent rating for bipolar disorder is remanded.

The Veteran's appeal was granted because his submission in lieu of a VA Form 9, which included an election to follow the Traditional Appeals Process and appointment as a representative, was considered timely filed within the 60-day period following the October 2012 SOC.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination. The issues include service connection for various conditions, with a focus on lumbosacral strain.

The Board has granted service connection for a lumbosacral spine disability, diagnosed as degenerative disc disease. The issue of service connection for chronic throat inflammation, to include dysphagia, is remanded.

The Veteran's lumbosacral strain warrants a staged rating of 20 percent prior to August 3, 2016. The appeal for other conditions remains pending and is remanded.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his service-connected disabilities, including whether he is unemployable.

The Veteran's initial and increased disability ratings for lumbosacral strain and right foot plantar fasciitis have been denied. The Veteran's lumbosacral strain is rated at 10%, 20%, and 40% from August 26, 2011 to June 6, 2016 respectively, while his right foot condition remains at 20%. No new evidence or changes in service connection are indicated.

The Veteran's claim for bilateral hearing loss has been reopened and granted. The effective date of his PTSD service connection is denied as it was not received until July 15, 2010. Other claims have been remanded.

The Board granted an effective date of April 14, 2014 for a 100% rating for metastatic myxofibrosarcoma. The Veteran's cancer was discovered in 2015 and the Board found that it had existed within one year prior to the claim filing.

The Board denied service connection for PTSD due to lack of a current diagnosis. The case was remanded for further examination and opinion regarding obstructive sleep apnea, right elbow condition, right thumb condition, and gout.

The Board has remanded the cases due to incomplete service treatment records from the Veteran's active duty period in November 2009 through June 2010. The RO is instructed to make additional attempts to obtain these records and provide them to the claims file.

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

The Board has denied the Veteran's claims for service connection for blurred vision, obstructive sleep apnea, thrombocytosis, and restless leg syndrome and myoclonus. The cases are remanded for further development.

The Veteran's claim for a compensable rating for his breathing related sleep disorder (claimed as insomnia) has been denied. The Board finds the evidence insufficient to show that his symptoms meet the criteria for a compensable rating under DC 9413. His claim for an increased rating for sleep apnea and earlier effective date for service connection is remanded due to procedural issues.