Sleep apnea decisions — 2020

The Board has remanded three issues: left eye disability, thoracic spine fracture, and obstructive sleep apnea. The Veteran must be provided with new VA examinations to assess the severity of his disabilities and obtain private treatment records for these conditions.

The Veteran's lumbosacral strain is rated at 40 percent, effective July 2, 2020. The claim for TDIU prior to December 18, 2013, is dismissed as moot due to the receipt of a 100% schedular disability rating for his psychiatric disorder.

The Board has remanded the Veteran's claims for service connection for circulation disabilities of his legs and sleep apnea as secondary to PTSD. The RO is instructed to obtain inpatient records from Phu Bai Army hospital, schedule a VA examination to assess the nature and etiology of the Veteran’s conditions, and consider whether aggravation exists.

The Veteran's service connection claims for right foot pes planus, hypertension, and right and left hip disorders are granted. The claim for sleep apnea is remanded.

The Veteran's appeals for service connection and initial ratings have been dismissed due to the Veteran withdrawing their appeal prior to a decision being made.

The Board denied service connection for sleep apnea, migraines, and hypertension. The Veteran's left knee, left ankle, and left foot disabilities were remanded due to lack of evidence in the record. Service connection for tinnitus was also remanded as there is no clear and unmistakable evidence that it is related to service.,The Veteran's depression disorder claim had an effective date denied because he did not file a timely appeal.

The Board has dismissed the appeals seeking service connection for various conditions as the appellant, through her authorized representative, withdrew her appeal prior to a decision being made.

The Veteran's initial compensable ratings for eczematous dermatitis and allergic rhinitis have been denied.,Service connection has not been established for obstructive sleep apnea (OSA) or ureterolithiasis.

The Board has remanded the Veteran's claims for service connection for a psychiatric disorder to include PTSD and OSA due to incomplete verification of in-service stressors and inadequate VA examination regarding the etiology of his sleep disorder.

The Board has remanded the case due to incomplete service treatment records and a need for clarification regarding both names under which the Veteran served. The examiner is instructed to consider the Veteran's lay statements about his symptoms during active service.

The Veteran has withdrawn his appeals for all issues except the appeal for a total disability rating based on individual unemployability (TDIU). The Board dismissed the remaining appeals.

The Board denied the claim for service connection of sleep apnea, finding that there is no evidence to support a link between the Veteran's current condition and his military service.

The Board has remanded the claims for service connection due to inadequate VA examinations and a need for further medical opinions. The issues include sleep apnea, heart disability, neurogenic bladder disability, and sexual dysfunction all potentially related to service-connected somatic symptom disorder.

The Veteran's type II diabetes mellitus is presumed to have been incurred in service due to herbicide exposure. Service connection for hypertension and sleep apnea secondary to PTSD are remanded as the evidence does not support these claims.

The Board has denied service connection for Obstructive Sleep Apnea and remanded the Left Knee Disability claim.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board finds that his disability does not meet or approximate criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less.

The Veteran's hypertension and headaches are found to have begun during active service, warranting service connection.,Bilateral pes planus is remanded for further examination and opinion regarding its onset and relationship to service.

The Veteran's appeals have been withdrawn, and all issues are dismissed.

The Board has remanded the Veteran's claim of entitlement to service connection for obstructive sleep apnea due to a lack of an adequate medical opinion and failure to obtain a sleep study. The Veteran is also being asked to provide any outstanding VA treatment records.

The Veteran's claims for stomach condition and severe cramps, chronic fatigue syndrome (CFS), joint pain, muscle pain, gastroesophageal reflux disorder (GERD), obstructive sleep apnea, left eye condition, unspecified depressive disorder, posttraumatic stress disorder (PTSD), and tension headaches have been denied.,The Veteran's claims for stomach condition and severe cramps are denied as the evidence does not show a separate and distinct disability from his service-connected irritable bowel syndrome.