Sleep apnea decisions — 2020

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for increased ratings and earlier effective date for TDIU. The Veteran will be afforded VA examinations to assess the severity of his service-connected disabilities, including bilateral plantar fasciitis, chronic lumbosacral strain, left knee strain with degenerative joint disease, and right knee degenerative changes.

The Veteran's claims for service connection for IBS and OSA have been denied as there is no evidence linking these conditions to his military service.,For the right ankle and foot conditions, the Board found insufficient evidence to establish a link between these disabilities and service.

The Veteran's OSA with Asthma was rated at 30% prior to March 23, 2014 and granted a 50% rating effective from that date.,Since March 23, 2014, the Veteran is not entitled to an increased rating for his OSA with Asthma.

The Veteran's application to reopen his claim for service connection for vision problems has been granted. His claim for secondary service connection for obstructive sleep apnea due to PTSD is also remanded for further examination and opinion.

The Board has remanded the claims for service connection for sleep apnea and gout due to the need for additional treatment records.

The Board has denied the Veteran's claims for service connection for various disabilities, including restless leg syndrome and foot disabilities, all of which are alleged to be related to exposure to contaminated water at Camp Lejeune. The Board found that there was no evidence to support a finding that these conditions were incurred in or due to active duty.

The Board has remanded the Veteran's claims of service connection for low/middle back disability, left knee disability, right knee disability, leukemia, and sleep apnea due to insufficient evidence. Additional medical records are needed to determine if these conditions are related to active service or an injury during INACDUTRA.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, increased ratings for diabetes mellitus and its associated neuropathies, and initial ratings higher than 60 percent for peripheral artery disease of both lower extremities.

The Veteran's claim for TDIU was denied as he is currently employed and his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has ordered a remand for the Veteran's claim of service connection for sleep apnea, to include as secondary to his service-connected PTSD. The remand is due to the failure to provide a VA examination and because there was no evidence of notice sent to the Veteran.

The Board has granted service connection for tinnitus and denied an earlier effective date for PTSD. The issues of service connection for bilateral hearing loss, sleep apnea, headaches, left knee disability, right knee disability, and a rating in excess of 30 percent prior to January 2, 2015 for PTSD are remanded.

The Board has granted service connection for sleep apnea and Vitamin D deficiency, finding that the Veteran's symptoms are related to his active duty. Service connection for dermatitis and urticaria (attributed to Gulf War Syndrome) is denied as there is no evidence of a qualifying chronic disability.

The Veteran's claims for service connection for bilateral hearing loss, atrial fibrillation, tinea pedis, and sleep apnea have all been denied. The Board found that the evidence did not support a finding of service connection due to lack of in-service onset or chronicity.

The Veteran's claim of service connection for PTSD has been granted and rendered moot. The claims for secondary service connection for alcohol dependence to PTSD and OSA to PTSD are remanded.

The Board has denied the Veteran's claims for service connection for a skin disorder, sleep apnea, and an acquired psychiatric disorder. The low back disability claim is remanded.

The Board denied service connection for tinnitus, right knee disorder, headache disorder, and obstructive sleep apnea as there was no evidence of current disabilities or a link to service.

The Board has determined that additional evidence is needed to support the Veteran's claims for service connection and increased rating, including obtaining outstanding VA outpatient treatment records and verifying her in-service exposure to Agent Orange. The Veteran also needs a VA examination to address her current disabilities.

The Veteran's claim for service connection for residuals of adenoidectomy and uvulectomy was denied, while his claim for service connection for sleep apnea, to include as secondary to PTSD or bilateral knee disabilities, was granted. The case is remanded for further evaluations.

The Veteran's service-connected disabilities (including multiple sclerosis, bilateral upper and lower extremity weakness, retropatellar pain syndrome, shoulder bursitis, pes planus, and plantar fasciitis) resulted in weight gain, which was a substantial factor in causing his sleep apnea. The Board found that the Veteran's sleep apnea is proximately due to or the result of these service-connected disabilities.

The Veteran's low back disability is currently rated as 20 percent disabling. The Board has found that the criteria for a temporary total disability rating have been met, effective June 12, 2018 to August 12, 2018. However, his claim for an increased rating and TDIU remains pending due to insufficient evidence.