Sleep apnea Board decisions

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of engaging in sedentary employment.

The Board denied service connection for a cervical spine disability and found that the Veteran's lumbar spine disability did not warrant ratings in excess of those assigned.

The Board denied the Veteran's claims of service connection for respiratory disability and sleep apnea, finding that there was no current disability or evidence linking these conditions to his military service.

The Veteran's lumbar spine disability is characterized by limitation of flexion to more than 30 degrees without ankylosis. The Board found that the current rating of 20 percent adequately reflects his functional impairment.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's hearing loss and back disability, including obtaining service treatment records and conducting a VA examination.

The Board has determined that the Veteran's sleep apnea had its onset during service and granted service connection for this condition.

The Board has reopened the claim of service connection for sleep apnea and granted it, finding that new evidence supports a reopening of the claim and that the Veteran's symptoms during service are related to his current condition.

Throughout the rating period on appeal, the Veteran's service-connected cervical and lumbosacral spine disabilities have not met the criteria for a higher evaluation under applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for sleep apnea, hypertension, ischemic heart disease, foot disability (jungle rot), PTSD, diabetes mellitus type II with erectile dysfunction, diabetic nephropathy, and prostate cancer. The Veteran's claim for an initial compensable evaluation for prostate cancer prior to March 1, 2016 was also denied.

The Board found that the Veteran's sleep apnea is not related to his service and denied his claim.

The Veteran's claims for service connection for sleep apnea and sinusitis are being remanded due to the need for a Board hearing. The appeal is not about service connection via a presumption like PACT Act, Agent Orange, Camp Lejeune, or radiation exposure.

The Veteran's hypertension is caused or aggravated by his service-connected lumbar spine disability.,The Veteran's sleep apnea manifested during military service.

The Board has determined that a remand is necessary to obtain an adequate VA examination and address the Veteran's complaints of radicular pain.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a psychiatric examination to determine the nature and relationship of his current psychiatric disabilities to service. The effective date issue regarding the lumbar spine disability will also be addressed.

The Board has decided to remand the Veteran's claims for service connection for sleep apnea and a compensable rating for residuals of anal fissure with rectal bleeding due to inadequate VA examination reports, lack of discussion regarding the etiology of his sleep apnea symptoms, and need for additional evidence.

The Veteran's appeal is remanded for further development, including obtaining an adequate medical opinion regarding the relationship between his service-connected disabilities and his acquired psychiatric disorder.

The Board has remanded the case due to an unadjudicated claim of entitlement to service connection for obesity, which is inextricably intertwined with the current appeal. The AOJ should adjudicate this issue and consider VAOPGPREC 1-2017 when doing so.

The Veteran's appeal is being remanded for the VA to obtain additional treatment records and conduct a new examination. The TDIU claim is also being remanded as it is intertwined with the above-mentioned claim.

The Veteran's claim for service connection for bilateral foot dermatophytosis or pseudomonas aeruginosa was denied. The Board found no evidence of such condition in service and concluded that the current skin condition is less likely than not permanently aggravated by any in-service events. For the increased rating issue, the criteria were not met prior to June 26, 2012, but from that date onward, the criteria for a higher disability rating were also not met. The claim for TDIU was not addressed as it is considered part of an increased disability rating claim.

The Board has determined that the Veteran's bilateral legal blindness, including due to retinitis pigmentosa, was not incurred or aggravated by service. The evidence does not support a finding of in-service aggravation of the condition and there is no evidence linking post-surgical cataracts or refractive errors to service.