Sleep apnea decisions — 2019

The Veteran's claim for sleep apnea is denied as there is no current diagnosis of the condition.,Service connection for fibromyalgia is granted due to its presumptive relationship with service in the Persian Gulf War.,Bilateral eye condition, left shoulder condition, and right shoulder condition are remanded for further examination and opinion.,Lower back disability claim is denied as there is no current diagnosis of the condition.,Respiratory condition (claimed as asbestos exposure) and skin condition claims are remanded for further examination and opinion.,Service connection for maxillary sinusitis remains unchanged with a need for an updated VA examination.

The Veteran's GERD was granted service connection. The Veteran's obstructive sleep apnea and restrictive lung disease were denied separate ratings as a matter of law.

The Veteran's claim for an earlier effective date for the grant of service connection for lumbosacral strain is denied because it was filed over 15 years after his separation from active service, and there is no specific statutory authority for retroactive benefits in this case.

The Veteran's claim for service connection for a skin disability of the left upper extremity was reopened and granted.,Other claims were remanded due to lack of complete application forms.,Service connection was restored for stress headaches, hypertension, valvular heart disease (mitral valve prolapse), iron deficiency anemia, allergic rhinitis, right shoulder sprain/strain, left shoulder sprain/strain, neck sprain and strain, right knee sprain/strain, left knee sprain/strain, right ankle sprain, right hallux valgus, left eye cortical cataract, acne, atrophic vaginitis, and OSA with CPAP.,The Veteran's service connection for fusion of the right fourth finger distal interphalangeal joint was denied as clearly erroneous.

The Board has remanded the case due to inadequate examination and failure to consider all relevant medical evidence, including the Veteran's reports of recurrent back pain in his service discharge report.

The Board has remanded the case due to new evidence submitted by the Veteran and additional medical evidence needed.

The Veteran's lumbosacral strain and headaches are currently rated as non-compensable. The VA has ordered a remand to evaluate the current limitations and functional impact from her disabilities, including any flare-ups.

The Board has decided that another VA opinion is needed to determine if the Veteran's obstructive sleep apnea is at least as likely as not caused by or aggravated by his service-connected diabetes mellitus, type II.

The Veteran's appeals for service connection for nasal polyps and an initial compensable evaluation for obstructive sleep apnea prior to July 8, 2013, and higher than 50 percent thereafter have been dismissed. The appeal for a higher rating for lumbar spine degenerative joint and disc disease is remanded. The appeal for a higher rating for left lower extremity radiculopathy is also remanded.

The Board has remanded the Veteran's claims for service connection for various conditions due to new VA treatment records being added to the record.

The Veteran's service connection claim for sleep disorder, including insomnia, hypersomnia, and circadian rhythm disorder is denied as the condition did not have its onset in or is otherwise related to her active duty service.

The Veteran's claim for service connection for obstructive sleep apnea was granted, and he is now receiving a 30% rating for cervical spine strain. The issue of entitlement to TDIU prior to December 13, 2018 has been dismissed as moot.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's lumbosacral spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's sleep apnea was not shown during active duty service and is not otherwise related to active duty service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal for restoration of a 60 percent rating for chronic lumbosacral strain was granted. The appeal for an increased rating to a level above 60 percent was denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's claims of service connection for back disability, bilateral knee disability, and bilateral ankle disability have been granted. The Board found that the current diagnoses are related to service.

The Veteran's claims for service connection for neck, left heel, right heel, sleep apnea, and heart conditions have been denied as the evidence does not support a current disability or a relationship to service.,Service connection has also been denied for tinnitus.

The Board has remanded the case for further development and examination, including a VA psychiatric and Persian Gulf War examinations. The Veteran's claims of service connection for sleep apnea and an acquired psychiatric disorder are being reviewed.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to March 31, 2009.