Sleep apnea decisions — 2019

The Board has determined that the medical expenses incurred at Macon County General Hospital on July 21, 2012 were eligible for reimbursement due to the nature of the emergency and the unavailability of a VA facility.

The Board has denied service connection for obstructive sleep apnea and has remanded the issue of service connection for bladder cancer, including its residuals and as due to exposure to herbicide agents.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a nexus between his current OSA and his military service. The Board also found that the condition was not caused or aggravated by any service-connected disabilities.

The Veteran's claims for service connection for sleep apnea, COPD, and PTSD are remanded due to the need for additional examinations. The TDIU claim is also remanded.

The Veteran's low back condition and sleep apnea were denied service connection, but his cervical spine degenerative disc disease was granted a rating of 30 percent effective April 9, 2014.

The Board has decided to remand the Veteran's claim for additional medical opinions regarding his service connection for obstructive sleep apnea (OSA). The claims are being returned to the RO for further development and consideration.

The Veteran's lumbosacral strain was rated at 20 percent effective July 23, 2019. The right carpal tunnel syndrome remains rated at 10 percent.,Issues related to service connection for unspecified trauma and stressor-related disorder, miscarriage residuals, hernia surgery residuals, generalized anxiety disorder, left carpal tunnel syndrome, and bilateral plantar fascitis with pes planus are all remanded.

The Board denied a higher rating for the Veteran's service-connected back disability, finding that at all times during the appeal period, his forward flexion of the thoracolumbar spine was greater than 30 degrees but not less than 50 degrees and did not meet the criteria for an increased rating.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a chronic condition in service or since service. The Board also determined that the current condition is not related to military service and is not caused by his service-connected anxiety disorder.

The Board has remanded the Veteran's claims for increased ratings for asthma and hearing loss, as well as his claim for service connection for sleep apnea due to insufficient evidence in the record. The Veteran is required to provide additional medical records and undergo examinations to determine the current severity of his asthma and the etiology of his sleep apnea.

The Veteran's claims for residuals of a cold injury, right ankle disorder, left knee disorder, gastroesophageal reflux disease (GERD), and various spine disorders have all been denied. The Board found no evidence to support the Veteran's assertions regarding these conditions.

The Board has determined that the Veteran's failure to report for scheduled VA examinations and his unstable housing situation may have impacted his ability to provide evidence. The claims are being remanded to attempt rescheduling these examinations and obtain any outstanding treatment records.

The Veteran's sleep apnea is being remanded for further examination and opinion regarding whether it is secondary to his service-connected dysphonia and scars, residuals of a tracheostomy performed in March 1995.

The Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, GERD, lumbar degenerative disc disease and small disc herniation, left and right lower extremity radiculopathy, erectile dysfunction, an acquired psychiatric disorder, and obstructive sleep apnea have been remanded due to the need for additional development. The Veteran's service connection claims are not supported by evidence of a current disability or a link between his in-service exposure and any diagnosed conditions.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a VA examination and medical opinions regarding both direct service connection and aggravation by service-connected conditions.

The Board has remanded the Veteran's claims for service connection for right knee strain, left knee strain, and lumbosacral strain due to inadequate consideration of relevant evidence in previous VA opinions.

The Veteran's claim of service connection for a left knee condition has been reopened and is granted.,Service connection for an acquired psychiatric disorder (claimed as PTSD) is denied.,Service connection for chronic fatigue syndrome is denied.,Service connection for a heart condition is denied.,Service connection for a left hip condition is denied.,Service connection for a right hip condition is denied.,Service connection for a lower back condition is denied.,Service connection for skin issues is denied.,Service connection for sleep apnea (claimed as sleep issues) is denied.

The Board has remanded the cases for further development and consideration due to insufficient evidence regarding the current severity of the Veteran's service-connected PTSD with TBI, which could impact his entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the cases for further development and examination as there is insufficient evidence to make a determination on the claims.

The Board has remanded the case due to inadequate consideration of higher ratings for each rating period on appeal, including from September 19, 2017 to June 30, 2019.