Sleep apnea decisions — 2019

The Board denied the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected allergic rhinitis due to a VA examiner's opinion that the Veteran's sleep apnea is less likely than not proximately due to, or the result of, his allergic rhinitis.

The claim for service connection for plantar fasciitis both feet is reopened, and the appeal is granted to this extent. The claims for service connection for sleep apnea and bilateral foot disability are remanded.

The Veteran's claim for service connection for PN of both upper extremities is granted. The Veteran's claim for a higher rating for sleep apnea is denied. The Veteran's claims for higher ratings for right knee instability and limitation of flexion are remanded. The Veteran's claims for higher ratings for left hand tremors and right hand tremors are remanded. The Veteran's claim for an earlier effective date for the PTSD rating is granted, but his TDIU claim remains pending.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the VA examiner not considering all pertinent evidence, including the Veteran's lay statements.

The Board has remanded the claims due to insufficient verification of the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The RO is instructed to contact the National Personnel Records Center (NPRC) and determine whether the Veteran was on ACDUTRA during 1999, 2000-01, or 2003. If these periods are confirmed, addendum opinions must be obtained regarding the etiology of any service-connected conditions.

The Veteran's right shoulder and back disabilities are being remanded for new examinations to determine their current severity, as the previous examinations did not fully satisfy the requirements of Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has reopened the claims of service connection for left and right foot conditions, back disability, and obstructive sleep apnea. However, the preponderance of evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's claims for an increased rating for his service-connected lumbar spine disability and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for an earlier effective date prior to April 4, 2013 for the grant of service connection for obstructive sleep apnea was denied as there is no evidence of a formal or informal claim prior to that date.

The Board has remanded the claims for bilateral pes planus, headaches, an acquired psychiatric disability (including PTSD, depression, anxiety and acute insomnia), and sleep apnea due to new evidence added after previous decisions.

The Board denied service connection for right and left knee disabilities, congenital pectus excavatum with status post-surgical thoracotomy, and obstructive sleep apnea. The claims are not reopened due to lack of new and material evidence.

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for liposarcoma and its complications (right foot drop, angioneurotic edema of the left leg, angioneurotica edema of the right leg, and scar status post-surgery), and entitlement to a total disability rating based on individual unemployability are all remanded due to need for further development.

The Board denied the Veteran's claim for service connection for central sleep apnea, finding that it was not incurred during or caused by his active service and was not related to his service-connected bipolar disorder.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the nature and etiology of his bilateral knee disability, bilateral hearing loss, and sleep apnea.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's obstructive sleep apnea, including whether it was aggravated by service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depression and treatment of his service-connected low back and right hand disabilities.

The Board has granted service connection for sleep apnea as secondary to PTSD, but denied the claims for throat condition, TBI, neck disability, tinnitus, and headaches.

The Veteran's claims of service connection for various conditions are being remanded due to the need for clarification and further medical evaluation.

The Board has determined that a remand is necessary to ensure compliance with previous remands for additional development related to the Veteran's service-connected degenerative spondylosis of the lumbosacral spine and TDIU claims.

The Board has granted service connection for sleep apnea, skin condition (vitiligo), and headache condition. The claim for an acquired psychiatric disorder is remanded.