Sleep apnea decisions — 2019

The Board has remanded the Veteran's TDIU claim due to its inextricability with other pending issues, including his hypertension and hypertensive heart disease claims. The AOJ is instructed to refer the matter of a TDIU to the Director of Compensation Service for review.

The Board has decided to remand two issues: the initial rating for lumbosacral strain with arthritis and the initial compensable rating for hepatitis C. The Veteran's back pain is suspected of worsening, and his hepatitis C symptoms need further evaluation.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is being remanded due to the need for additional medical opinion regarding whether his PTSD caused or aggravated his OSA.

The Veteran's sleep apnea is found to have started during his military service, and the Board has granted service connection for this condition.

The Board has granted the Veteran's petition to reopen his claims for service connection for sleep apnea, hypertension, and depression. The issues of service connection for these conditions are now remanded for further development.

The Board has remanded two issues: the first is about a disability rating for lumbosacral strain, and the second is about compensation under 38 U.S.C. § 1151 for amputation of the right index finger.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to his service-connected other specified trauma-stressor related disorder. The effective date for the grant of a 70 percent rating for bilateral hearing loss and a 50 percent rating for other specified trauma-stressor related disorder is set at November 29, 2013.

The Veteran's claim for a higher disability evaluation for lumbosacral strain/degenerative arthritis of the spine/disc displacement is being remanded due to new evidence added since the last decision in July 2016. The VA Back (Thoracolumbar Spine) Conditions Examination conducted in March 2019 must be reviewed by the AOJ.

The Veteran's claims for service connection were denied as there was no evidence of a nexus between the claimed conditions and active service.,No effective dates are granted as all claims predate May 3, 2016.

The Veteran's appeal is remanded for additional development to obtain outstanding VA and private treatment records, as well as medical opinions regarding the onset and relationship of her claimed disabilities to service.

The Veteran's GERD is being remanded for a VA examination to determine the current severity of his service-connected condition.,The Veteran's chronic sinusitis is being remanded due to the need for a supplemental medical opinion considering in-service exposures and ongoing symptoms.,Service connection for diabetes mellitus, type II is being remanded as there may be an issue with verifying exposure to herbicide agents during service. The AOJ should verify whether the USS Coral Sea was within the 12-nautical-mile territorial sea of Vietnam while the Veteran was aboard.,The Veteran's peripheral neuropathy is being remanded for a supplemental medical opinion considering his asserted in-service exposure to herbicide agents.,The Veteran's skin disability is being remanded for a supplemental medical opinion addressing whether it is related to bare-skin exposure to jet fuel during service.,Service connection for an acquired psychiatric disorder (including PTSD, depression, anxiety, and a mood disorder) is being remanded as there may be issues with verifying in-service stressors. The AOJ should attempt to corroborate the Veteran's reported stressors involving witnessing the death of a fellow serviceman aboard the USS Coral Sea during the '1967 cruise'.,The Veteran's sleep apnea, hypertension, hiatal hernia, and erectile dysfunction are being remanded as secondary to his claimed acquired psychiatric disorder. The AOJ should attempt to obtain VA treatment records from Portland VAMC for the period between 1970 and 2002.,The Veteran's bilateral hearing loss is being remanded due to the need for updated VA audiological examination records, which may provide evidence of a worsening disorder.,The Veteran's ear infection disability is being remanded as there may be issues with obtaining relevant private treatment records. The AOJ should attempt to obtain these records and complete any necessary requests.

The Board has remanded the claims for epidermal cysts on the back, tumor of the lumbosacral spine region, low back disorder including degenerative disc disease, and kidney disease due to Agent Orange exposure. Additional medical opinions are needed regarding these conditions.

The Veteran's right and left foot conditions, sleep disorder (claimed as sleep apnea), arthritis (systemic process), right and left shoulder conditions, neck condition, erectile dysfunction, migraines (secondary to service-connected degenerative arthritis of the spine), and major depressive disorder (secondary to service-connected degenerative arthritis of the spine) are not found to be related to his military service.,The Veteran's DJD of the spine, right lower radiculopathy, and left lower radiculopathy have been remanded for further evaluation.

The Board has decided to remand the case due to a lack of an opinion addressing whether the Veteran's sleep apnea is aggravated by their service-connected PTSD.

The Board has remanded several issues related to service connection, including prostate cancer with erectile dysfunction, diabetes mellitus, left and right knee disorders, obstructive sleep apnea (OSA), gastroesophageal reflux disease (GERD), lumbar spine disorder, and bilateral hearing loss. The effective dates for the grants of service connection are not addressed in this decision.

The Board has determined that the Veteran's sleep apnea had its onset during service and granted service connection for this condition.

The Board has denied the Veteran's claims for service connection for sleep apnea, hip strain of the right lower extremity, and numbness and tingling of the right lower extremity. The decision also remanded the case for a VA examination to determine the nature and severity of his GERD and for an etiological opinion regarding his low back pain.

The Veteran's claim for a higher rating for eczematous dermatitis prurigo nodularis was denied as the evidence did not show systemic manifestations associated with the skin condition.,The Veteran's claim for an earlier effective date for his 60 percent rating for eczematous dermatitis prurigo nodularis was denied because the increase in disability occurred more than one year prior to the date of claim.,Service connection for a depressive disorder was granted, and service connection for obstructive sleep apnea (OSA) as secondary to the depressive disorder was also granted.,The claims to reopen service connection for cervical spine, low back, and right knee disabilities were denied due to lack of new and material evidence.,Hypertension, prostate cancer, anemia, and peripheral neuropathy of the left upper extremity, left lower extremity, and right lower extremity were all denied as not incurred or aggravated by service or exposure to herbicide agents.

Service connection for undiagnosed joint pain, lumbar spine disorder, left inguinal hernia, and skin disorder is denied.,The Veteran's claims for PTSD, anxiety, and major depressive disorder are remanded.

The Board has determined that the VA opinion is incomplete and requires further development to determine if any of the Veteran's claimed disabilities are related to service or a service-connected condition, including deviated septum.