Sleep apnea decisions — 2019

The Board has reopened the Veteran's claims for service connection for left testicle condition, left shoulder strain, lumbosacral strain, chest pain, and PTSD. The evidence is at least in equipoise that these conditions are related to his reported in-service stressors while serving in Iraq.

The Board has remanded the claims for service connection for lumbosacral strain, right knee condition, and left knee condition due to unclear rationale in the VA examiner's report.

The Board has remanded the case due to insufficient evidence regarding the onset and causation of the Veteran's sleep apnea, which may be related to service or environmental exposures. The VA must obtain additional medical records and provide a new opinion on this issue.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to unclear communication regarding VA examinations.

The Board has remanded the claims for tension headaches, back disability, neck disability, radiculopathy (bilateral lower extremities), radiculopathy (right upper extremity), left leg shin splints, right leg shin splints, allergies, and obstructive sleep apnea due to inadequate medical opinions regarding their etiology. The Veteran is to be provided with VA examinations for each condition.

The Board has remanded the claims for bilateral hearing loss, sleep apnea as secondary to service-connected disability, and erectile dysfunction as secondary to service-connected disability due to insufficient development.

The Veteran's claim for an earlier effective date for the grant of service connection for lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), spinal stenosis, vertebral fracture, degenerative disc disease (DDD), facet arthropathy was dismissed. A 40 percent rating is granted for these conditions as of October 28, 2014.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related to his service or if it was caused by his service-connected asthma.

The Veteran's Dercum’s disease with multiple scars and PTSD are rated at 60 percent effective December 2, 2013. The Veteran is not entitled to a higher rating for these conditions.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various conditions, including right ear hearing loss, an acquired psychiatric disorder, GERD, abdominal aortic aneurysm, type II diabetes mellitus, hypertension, obstructive sleep apnea, respiratory disorders, vocal cord dysfunction, bilateral knee and shoulder disorders, lumbar spine disorder, and scars. The development includes obtaining service personnel records for the Veteran's periods of active duty and National Guard service, as well as verifying any qualifying periods of service.,The Board also notes that the Veteran has contended that his conditions are related to hazardous exposures during his period of active duty, including exposure to jet fuel and chemicals. The AOJ should attempt to verify these claims and obtain VA medical opinions regarding the etiology of the Veteran's conditions.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking her current condition to her military service or any service-connected disabilities.

The Board denied service connection for sleep apnea, spinal stenosis, and meningitis. The Veteran's claims were not supported by sufficient evidence to establish a link between his current conditions and his military service.

The Board has granted service connection for the Veteran's lumbar spine disorder and bilateral knee disorder, but has remanded the issue of service connection for an acquired psychiatric disorder.

The Veteran's obstructive sleep apnea is granted as service connected, with all reasonable doubt resolved in his favor.

The Veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy in his lower extremities, have rendered him unable to secure or follow substantially gainful employment.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not that his current condition had its onset in service.

The Board has remanded the Veteran's claims due to failure to schedule VA examinations and unclear intent regarding withdrawal of appeal. The Veteran is advised to appear for scheduled examinations.

The Veteran's sleep apnea and cardiac arrhythmia are granted as secondary to his service-connected conditions, specifically his nasopharyngeal cancer.

The Veteran's sleep apnea and insomnia, as well as cervical strain, are granted service connection. The issues of gastrointestinal disability other than IBS and hemorrhoids (to include stomach disability, GERD, hernia, and residuals of colon cancer), headache disability, and left shoulder disability are remanded for further examination.

The Board has granted an effective date of December 1, 1987 for the grant of service connection for a low back disability. This is based on newly received service treatment and personnel records that were not previously part of the claims file at the time of the previous denial in September 1989.