Sleep apnea decisions — 2019

The Board has decided to remand the case due to incomplete analysis of whether the Veteran's sleep apnea was caused by his service-connected PTSD or TBI, and if so, whether it is aggravated by these conditions.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea was denied as there were no relevant official service department records that existed but were not associated with the VA file in June 2012, and the decision was based on a denial due to lack of current disability.

The Veteran's appeal for service connection for PTSD is dismissed.,VA has ordered the remand of several issues including bilateral foot disorder, residuals of chondrosarcoma and left epididymal cyst, bilateral knee disability, shin splints, asthma rating, and onychomycosis. The Veteran must provide additional evidence to support his claims.,The Veteran's appeal for service connection for a bilateral foot disorder is remanded due to the need for an opinion regarding whether the current condition is related to in-service sharp pains in the right foot.,VA has ordered the remand of several issues including residuals of chondrosarcoma and left epididymal cyst, bilateral knee disability, shin splints, asthma rating, and onychomycosis. The Veteran must provide additional evidence to support his claims.,The Veteran's appeal for service connection for bilateral shin splints is remanded due to the need for an opinion regarding whether the current condition is related to in-service pain and knots on the knees during military service.,VA has ordered the remand of several issues including asthma rating, onychomycosis. The Veteran must provide additional evidence to support his claims.,The Veteran's appeal for service connection for bilateral foot onychomycosis (foot fungus) is remanded due to the need for an opinion regarding whether the current condition is related to in-service sharp pains in the right foot.

The Veteran's appeal is remanded for additional examinations and consideration of his claims.,The Board finds that the October 1999 rating decision denying service connection for dysthymic disorder was not clearly and unmistakably erroneous.

The Board has remanded several issues for further development and examination, including service connection claims for various conditions.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a new examination to assess the severity of the service-connected lumbosacral strain. The issues of entitlement to an increased rating for lumbosacral strain and entitlement to TDIU prior to July 3, 2017 are inextricably intertwined.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to October 22, 2010 and in excess of 20 percent from October 22, 2010.

The Veteran's claim for service connection for sleep apnea, as secondary to degenerative spondylosis C5, is being remanded due to the need for a supplemental VA examination.

The Veteran's claim for service connection for sleep apnea is remanded, and the reduction of his disability rating for mechanical low back strain from 40% to 20% is granted.

The Veteran's service connection claim for tinnitus is granted, but the claim for sleep apnea is denied.

The Veteran's claims for higher ratings for lumbar spine, right ankle, and left ankle disabilities are being remanded due to the need for additional examinations and consideration of functional impairment.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to his active service, and thus grants service connection for this condition.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and military service.

The Veteran's PTSD was granted service connection, and his left shoulder disability, OSA, and hypertension were denied. The claims for residuals of H. pylori infection and duodenal ulcer, personality disorder, and bilateral plantar fasciitis are all granted.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis did not have its onset during his active service and is not otherwise related to an in-service injury or disease.,The Board also denied service connection for TMJ dysfunction, concluding that it was less likely than not incurred during service due to a dental trauma. The Board found no evidence of TMJ dysfunction on separation examination.

The Veteran's TDIU is granted as of June 17, 2016 due to marginal employment. Prior to that date, his income was above the poverty level and he had been employed full-time.

The Board has denied the claim for service connection for tinnitus and has remanded the issue of initial disability rating for degenerative disc disease of the lumbosacral spine.

The Board has decided that an effective date of August 20, 2003, but not earlier, is granted for the award of service connection for right knee scars. The issues of entitlement to higher ratings for lumbosacral strain and left knee strain are remanded.

The Veteran has withdrawn his appeals for tinnitus, eye disorder, hypotension, heart disorder, and hemorrhoids.,Service connection is denied for sleep apnea, erectile dysfunction, and prostate disorder as there are no current diagnoses of these conditions.

The Veteran's initial rating for bilateral hearing loss and tinnitus remains at noncompensable levels. The claim for service connection of sleep apnea is remanded due to the need for a VA examination.