Sleep apnea decisions — 2020

The Board has determined that the Veteran's lung disorder, sleep apnea, stroke, seizure disorder, and hypertension are not related to his service-connected disabilities. The case is being remanded for further development.

The Board has reopened the claims for service connection for a back disability and hemorrhoids, but has determined that further development is needed to address the remaining issues of service connection for lumbosacral spine disability, left leg disability (including radiculopathy and leg shortening), forehead scar, and psychiatric disability. The decision on these issues will be remanded.

The Board has remanded several issues related to service connection for various conditions, including cervical spine disorder, left hip disorder, right hip disorder, acquired psychiatric disorder, headache disorder, sleep apnea, and hypertension. The appeal is not about the rating or effective date of these conditions.

The Veteran withdrew his appeals regarding increased ratings for back and right knee disabilities, as well as the TDIU prior to September 29, 2015.

The Veteran's claims for service connection for a heart disability, gastroesophageal reflux disease (GERD), and sleep apnea have been denied. The Board found that the evidence does not support a finding of a nexus between these conditions and his military service.

The Board has remanded several issues related to the Veteran's service connection claims due to additional evidence being added to the record.

The Board has remanded several issues related to the Veteran's service-connected conditions, including evaluations and service connection for various disabilities. The Veteran is also required to provide VA treatment records from September 2018 onwards and undergo examinations for his current disability levels and etiology.

The Board has remanded the case due to deficiencies in the December 2019 VA examination and June 2020 VA addendum opinion, which do not substantially comply with the September 2019 Board remand directives. The Veteran is entitled to a retrospective medical examination conducted in accordance with 38 C.F.R. § 4.59 and Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea and its relationship to service-connected conditions.

The Veteran's claims for increased ratings for his low back disability and associated radiculopathy were denied. The criteria for higher ratings were not met in any of the periods specified.

The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disabilities due to unclear communication regarding examinations, lack of clarity on whether the Veteran received notice of the examinations, and insufficient medical evidence in some cases.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current lumbosacral strain condition is related to his in-service back injury. The Veteran served in a designated imminent danger area and is presumed to have suffered an injury during combat.

The Board has decided to remand the case due to issues with the duty to assist and potential service connection for sleep apnea.

The Veteran's sleep apnea disability is denied as there is no evidence of its onset during service or a relationship to an in-service injury.,The right wrist carpal tunnel syndrome is not considered secondary to the Veteran's service-connected cervical spine, chronic right shoulder, and/or lumbar spine disabilities. The examiner found these conditions are anatomically distinct.,Bilateral hearing loss does not meet the criteria for a compensable rating as the average pure tone threshold in both ears is below 25 decibels at 1000 Hertz and above 70 decibels at 2000 Hertz, resulting in Level I ratings in both ears.,The Veteran's cervical spine disability does not meet the criteria for a rating in excess of 20 percent as his forward flexion is greater than 15 degrees but not greater than 30 degrees. The examiner found no evidence of aggravation by other service-connected conditions.,A 20 percent disability rating for right upper extremity cervical radiculopathy beginning June 29, 2009 and a 20 percent disability rating for left upper extremity cervical radiculopathy beginning June 29, 2009 are granted.

The Board has remanded the Veteran's claims for service connection and evaluation of his lumbar spine conditions due to incomplete opinions regarding causation and aggravation, as well as a lack of information on flare-ups.

The Veteran's claim for service connection for sleep apnea, claimed as secondary to his service-connected PTSD, was denied because the evidence did not show a direct relationship between his active duty service and his current diagnosis of sleep apnea.

The Board denied the Veteran's claim for service connection for a skin disability, finding that there was no evidence to support a link between his current conditions and his active duty service or any service-connected condition.

The Board has remanded the Veteran's claims for increased ratings for her left knee disability, lumbar spine disability, and sleep apnea due to lack of recent VA examinations. The earlier effective date claim is also remanded as the AOJ has not yet issued a Statement of the Case (SOC).

The Board has found that the Veteran does not have a current diagnosis of sleep apnea or intervertebral disc syndrome (IVDS) and therefore denied service connection for these conditions. The Board also found that there is no nexus between the Veteran's in-service tailbone injury and his current IVDS, thus denying service connection for IVDS. Service connection was remanded for bilateral lower extremity neuropathy and left knee patellofemoral pain syndrome.

The Veteran's claims for service connection for sleep apnea syndrome, diabetes, and peripheral neuropathies of the extremities are remanded due to incomplete development regarding potential exposure to herbicide agents during his military service.