Sleep apnea decisions — 2020

The Veteran's sleep apnea, foot fungus condition, and erectile dysfunction are not related to his military service.,There is no evidence of these conditions during the Veteran's active duty. The Veteran has provided lay statements but lacks credible medical evidence linking these conditions to service.,VA does not find sufficient evidence to grant service connection for any of these conditions.

The Veteran's acquired psychiatric disorder and obstructive sleep apnea are granted as service connected. The Board found that the Veteran's psychiatric symptoms began in or were related to his military service, while the cause of his obstructive sleep apnea is unclear.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder, headaches, tinnitus, and traumatic brain injury.,The Veteran’s cervical spine strain with degenerative arthritis does not meet the criteria for a higher evaluation due to lack of incapacitating episodes.,The effective date for service connection for radiculopathy of the right upper extremity is granted as March 27, 2017.

The Board has remanded the cases for additional development and examination to address service connection claims, increased rating claims, and separate ratings for surgical scars. The Veteran's lumbar spine disability, OSA, hammertoe disability, bilateral knee disabilities, and bilateral plantar calluses are at issue.

The Board has remanded the case for additional development due to issues with scheduled VA examinations and updated treatment records.

The Board has remanded the Veteran's claims for sleep apnea, hypertension, and COPD due to insufficient opinions regarding direct service connection. The Veteran is also requested to provide additional private treatment records.

The Veteran's claims for service connection were reopened and granted for gastroenteritis, an acquired psychiatric disorder (claimed as depression and anxiety), hypertension, allergic rhinitis, and OSA. Service connection was also granted for OSA as secondary to service-connected disabilities.

The Veteran's claim for service connection for a heart condition and disability manifested by atypical chest plain, to include as a result of heart disease and non-cardiac costochondritis is denied. The Board found no current diagnosis of such conditions.,The Veteran's claim for service connection for sleep apnea is also denied. The Board determined that the evidence does not support finding that his sleep apnea began during active service or was related to a service-connected condition.

The Veteran's PTSD symptoms did not result in total occupational and social impairment, but he experienced significant functional limitations. The rating for PTSD remains at 70 percent.,For the left knee strain, there is no evidence of compensable limitation beyond the minimum required by Diagnostic Code 5260 (limitation of flexion).,Similarly, for right knee strain, there is no evidence of compensable limitation beyond the minimum required by Diagnostic Code 5261 (limitation of extension).,The Veteran's hypothyroidism does not meet the criteria for a higher rating under Diagnostic Code 7903.,There is insufficient evidence to support service connection for COPD or Sleep Apnea.,Service connection for Chloracne was denied due to lack of nexus between current condition and in-service exposure.,No new evidence has been presented to reopen the claim for skin disability.

The Board has decided that the VA needs to obtain a medical opinion regarding whether the Veteran's service-connected disabilities caused or aggravated his sleep apnea, including any obesity and its impact on his sleep apnea.

The claims for OSA, GERD with Barrett's disease, and a heart condition (claimed as cardiomyopathy) are remanded due to the need for further development.,The claim for melanoma is denied as there is no evidence that it was caused by exposure to ionizing radiation or ultraviolet radiation from sun exposure.

The Board has granted service connection for positional sleep apnea as secondary to the Veteran's service-connected cervical spine disability. The claims for atrial fibrillation, stroke (TIA/CVA), and aphasia are remanded due to insufficient evidence.

The Board has remanded the cases for further development, including obtaining a medical opinion regarding the nature and etiology of the Veteran's sleep apnea and addressing whether it is related to service or aggravated by his service-connected conditions.

The Board has granted service connection for mild obstructive sleep apnea (OSA) as incurred during the Veteran's tour of duty in Kuwait.

The Veteran's lumbosacral strain was not rated compensable prior to May 11, 2017. The Board found that the evidence did not support a higher rating for his service-connected viral meningitis.

The Board has reopened the Veteran's claim of service connection for obstructive sleep apnea due to new and material evidence. The claims for bronchitis, acute chronic sinusitis, and acute chronic pharyngitis are denied as there is no evidence that these conditions began during service or are related to in-service events.,The Board has remanded the Veteran's claim of service connection for dry eye syndrome due to insufficient medical evidence addressing whether his condition is related to burn pit exposure.

The Board denied service connection for a respiratory disorder, finding that the Veteran does not have a current respiratory disorder related to his military service.

The Veteran's appeals for service connection for sinusitis and GERD have been withdrawn.,Service connection has not been granted for bilateral hearing loss, obstructive sleep apnea, left knee patellofemoral pain syndrome, or lumbar spine with degenerative joint disease.

Service connection is granted for polyuria with incontinence. The claims for obstructive sleep apnea and gastroesophageal reflux disease are remanded.

The Veteran's appeal is remanded for further development regarding his claims for service connection, increased ratings, and earlier effective dates.,Specifically, the AOJ must provide an SOC addressing the issues of increased ratings for bilateral pes cavus, left upper extremity radiculopathy, degenerative joint disease and IVDS of the cervical spine, and tinnitus, as well as earlier effective dates for these disabilities.