Sleep apnea decisions — 2019

The Board has reopened the Veteran's claim for service connection for sleep apnea, to include as due to post-concussive headaches (claimed as TBI), but has remanded the issues of service connection for neuropathy of the hands and feet.

The Veteran's application to reopen a claim for service connection due to Agent Orange exposure was granted. The claims for sinus condition, sleep apnea, heart condition, and respiratory condition were denied. The rating for bilateral pes planus was increased to 50 percent.,Service connection for the skin condition due to Agent Orange exposure is granted. Service connection for a sinus condition, sleep apnea, heart condition, and respiratory condition are denied.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to his active service or if it is aggravated by his service-connected PTSD.

The Board has determined that new and material evidence has been received to reopen the evaluations of service connection for PTSD and sleep apnea. The claims are being remanded due to incomplete records and need further development.

The Board has decided to remand the Veteran's claims for service connection for obstructive sleep apnea and bilateral knee disabilities due to insufficient medical opinions regarding their etiology. The VA is instructed to obtain additional records, schedule the Veteran for examinations, and provide more definitive nexus opinions.

The Veteran's claims for service connection are remanded due to insufficient evidence regarding the onset and etiology of his claimed conditions, particularly those related to herbicide exposure. The Board finds that more information is needed before a decision can be made.

The Board denied the Veteran's claim of entitlement to service connection for sleep apnea as secondary to his service-connected allergic rhinitis because no new and material evidence was submitted, and the provided evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's left and right lower extremity radiculopathy are granted with a 20% evaluation each. The issue of an increased evaluation for lumbosacral strain with degenerative arthritis is remanded.

The Veteran's claim for an effective date earlier than December 8, 2011 for service connection for obstructive sleep apnea was denied.,An effective date of December 8, 2011 but no earlier is granted for the grant of service connection for a back disability. The Veteran’s original claim for this condition was received on December 8, 2011.

The Board has remanded the case due to a need for additional information and an examination to determine if the Veteran's obstructive sleep apnea is related to his service or any other factors.

The Board has remanded the cases for further development and examination, including obtaining updated VA treatment records, scheduling an examination to determine the etiology of sleep apnea, and scheduling a new examination to assess the current severity of PTSD.

The Board denied an extraschedular rating for the Veteran's service-connected lumbosacral strain, finding that the established schedular criteria adequately described her symptoms and that she did not meet the requirements for an extraschedular rating.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The claim is remanded for further development, including an addendum opinion from a VA examiner.

The Board has denied service connection for obstructive sleep apnea and granted service connection for failed left-side inguinal hernia repair, to include under 38 U.S.C. § 1151, and residuals from the in-service cyst removal from the roof of his mouth. The right eye condition and respiratory condition are remanded.

The Veteran's claims for service connection for sleep apnea, generalized osteoarthritis (OA), hypertension, and a psychiatric disability, claimed as depression, are denied.,The Veteran's claim for service connection for obesity is denied. Obesity is not considered a compensable disability under VA laws and regulations.,Service connection for residuals of left knee prosthetic replacement with painful and limited range of motion is granted at 60 percent effective July 5, 2016.,A separate rating of 10 percent for right knee OA based on limitation of flexion is granted.,The Veteran meets the schedular requirement for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities.

The Veteran's claims for fibromyalgia, chronic fatigue syndrome (CFS), and obstructive sleep apnea have been denied. The claim of TDIU has been granted.

The Board has remanded the claims of service connection for sleep apnea and a left shoulder disability due to an inadequate VA examination in July 2016.

The Board has decided that the case should be returned for further action regarding service connection for sleep apnea and entitlement to TDIU.

The Veteran's claims for service connection for pelvic disability, deviated septum, and tuberculosis have been dismissed as the Veteran requested a withdrawal of these claims during his November 2016 hearing.,The Veteran's claim for service connection for hypertension has been granted based on new evidence showing a nexus to active service. The claim for gastrointestinal disorder (including gastroenteritis, hemorrhoids, and fecal incontinence) has also been reopened.

The Board denied service connection for various conditions, including herpes, bilateral hearing loss, tinnitus, sleep apnea, hypertension, gastroesophageal reflux disease (GERD), ureterolithiasis, and penicillin, sulfa drug, iodine, and latex allergies. The decision is mixed as some issues were granted while others were denied.