Sleep apnea decisions — 2019

The Board has remanded the cases for further development due to non-response to examination requests. The Veteran must be afforded another opportunity to attend examinations near his current residence in Texas.

The Veteran's claim of service connection for a back disability, sleep apnea, and an acquired psychiatric disorder is remanded due to the need for additional development regarding his National Guard service.

The Board has granted service connection for a bilateral foot condition, also claimed as plantar fasciitis, finding that the Veteran's current disability is at least as likely as not related to his military service.,Service connection was also granted for sleep apnea, with the Board finding that there is at least equipoise evidence in support of the claim.

The Veteran's sleep apnea is being remanded for further evaluation due to conflicting medical opinions and the need for additional records.

The Veteran's service-connected conditions render him in need of regular aid and assistance, which is granted for SMC based on aid and attendance.

The Veteran's service-connected disabilities, including obstructive sleep apnea and multiple joint conditions, prevent him from securing and maintaining substantially gainful employment.

The Board has decided to remand the case due to an inadequate VA examination and lack of a rationale for the examiner's opinion. The Veteran’s back disability is being reviewed again with new evidence.

The Veteran's bilateral breast cancer and spindle cell leiomyosarcoma of the right ear are related to exposure at Camp Lejeune. However, his reduced lung capacity and limited mobility of arms secondary to these conditions remain unclear.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, specifically related to head injuries and exposure to environmental hazards during service.

The Board has decided to remand two issues: entitlement to service connection for obstructive sleep apnea, and entitlement to an increased compensable rating for hypoxia. The Veteran's VA treatment records from January 2013 forward need to be obtained, as well as any relevant private treatment records. An addendum opinion is needed regarding the relationship between the Veteran’s obstructive sleep apnea and his service-connected conditions.

The Veteran's claim for service connection for pain in the left testicle has not been reopened, and his claim for a higher rating for erectile dysfunction remains denied. The Board has also remanded the issue of whether sleep apnea is secondary to PTSD.,A VA examination is needed to determine if obstructive sleep apnea is related to service-connected PTSD.

The Veteran's claims for service connection for left and right foot chronic plantar fasciitis are granted. The claim for service connection for sleep apnea is remanded.

The Board has remanded the Veteran's claims for sleep apnea and acne with scarring due to insufficient medical opinions addressing causation, aggravation, and secondary service connection.

The Board has granted service connection for low back disorder, neck disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, obstructive sleep apnea, COPD, and nasal condition.

The Board has remanded the claims of service connection for a neck disability, an acquired psychiatric disability (anxiety, adjustment disorder, depression, and PTSD), GERD, and sleep apnea due to inextricably intertwined issues. The Veteran's claim for an acquired psychiatric condition could significantly impact decisions on his secondary service connection claims for GERD and sleep apnea.

The Board has remanded the Veteran's claims for neck and back disabilities, obstructive sleep apnea, and hypertension due to insufficient evidence regarding their etiology.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful occupation, as his sleep apnea, voiding dysfunction, tinnitus, and hearing loss do not prevent him from obtaining or maintaining employment.

The Board found that the Veteran's obstructive sleep apnea did not have its onset during a period of active service or ACDUTRA, and was clearly and unmistakably preexisting his third period of active service. The condition was not aggravated beyond its natural progression during this period.

The Veteran's appeals for service connection for colon cancer, earlier effective dates for the grant of service connection for diabetes mellitus type II and left and right lower extremity peripheral neuropathy, and an earlier effective date for a 40% rating for bilateral hearing loss have been withdrawn.,The claim for reopening of a previously denied claim of service connection for asthma has been granted. The claim for reopening of a previously denied claim of service connection for a psychiatric disorder has also been granted.,Service connection for hypertension has been granted.

The Veteran's service-connected PTSD and other disabilities have rendered her unable to secure or maintain substantially gainful employment, leading the Board to grant TDIU.