Sleep apnea Board decisions

The Board has determined that the Veteran's sleep apnea, tinnitus, left shoulder disability, and allergic rhinitis are all service-connected.,The evidence supports the Veteran's claims for these conditions, with a preponderance of the evidence showing their onset during his military service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a lumbar spine disorder. The remaining claims are denied.

The Veteran's appeal for a rating in excess of 20 percent for right foot cuboid syndrome has been dismissed as the appellant, through his authorized representative, withdrew the appeal.

The Veteran's lumbar spine disability is rated at 20 percent, effective July 9, 2013. His bilateral lower extremity radiculopathy is currently rated at 10 percent.

The Veteran's appeal was granted for total disability rating based on individual unemployability due to service-connected disabilities. The other issues were dismissed as the Veteran withdrew his claims.

The Veteran withdrew all his pending appeals, including those for increased rating for PTSD, service connection for bilateral hearing loss, tinnitus, Gulf War Syndrome-related conditions (including a bilateral knee condition, headaches, joint pain, a neurologic disorder, and a skin rash), and whether new and material evidence has been received to reopen a claim for service connection for a sleep disorder.

The Veteran's claim for service connection for sleep apnea is being remanded due to the inadequacy of the VA examination report and the need to develop both direct and secondary theories of entitlement.

The Board has determined that the Veteran's obstructive sleep apnea is service connected, with his sinusitis contributing to its development. The remaining issues of higher initial ratings for bilateral pes planus and plantar fasciitis, TDIU, and an effective date prior to August 1, 2007, for service connection are being remanded.

The Board has determined that the Veteran's sleep apnea did not have onset during active service, was not caused by active service, and was not caused or aggravated by service-connected disability. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected PTSD. The issues of service connection for obstructive sleep apnea (secondary to PTSD), a rating in excess of 50 percent for PTSD, and TDIU are also being remanded.

The Board finds that the Veteran's cervical, thoracic, and lumbosacral spine disabilities are not related to service. The preponderance of evidence indicates these conditions were caused by civilian work rather than an in-service injury.,Service connection for a cervical spine disability, thoracic spine disability, and lumbosacral spine disability is denied as the Veteran's current spine disabilities are more likely due to his civilian employment.

The Veteran's claims for increased evaluations of his lumbosacral strain with residual degenerative disc disease and fracture of the right thumb were denied. The Board found that the evidence did not support an evaluation in excess of the current ratings.

The Board has decided to remand the case for further development due to inadequate medical opinion regarding the etiology of the Veteran's low back disability.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and finds that new and material evidence has been received. The Veteran's sleep apnea is found to have begun in service, raising a reasonable possibility of substantiating his claim.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's sleep apnea, as well as to address his service connection claim for this condition. The Veteran's service-connected asthma may also be considered in relation to his sleep apnea.

The Veteran's sleep apnea was granted service connection, with the effective date set at the date of the decision.,Service connection for a right knee disability was denied due to failure to appeal the June 1994 rating decision within one year. The Veteran's claim is pending for an earlier effective date based on CUE.

The Board has remanded the Veteran's claims for further development, including scheduling a hearing and arranging for a VA examination to determine the nature and cause of his restless leg syndrome.

The Veteran's appeal is being remanded for additional examinations to determine the nature and likely cause of his sleep apnea, back condition, left knee condition, and bilateral plantar fasciitis. The VA will also need to clarify if there are any other foot disorders related to his service-connected conditions.

The Veteran's claims for service connection are being remanded due to insufficient information provided regarding the bases of his claims and the specific residuals related to his varicolectomy and tracheotomy. The AOJ is also requested to confirm the Veteran's in-service TDY in the Republic of Vietnam.

The Board found no evidence of a continuity of symptoms from service to the present for sleep apnea, asthma, allergies, and back disability. The VA examiner opined that these conditions are not related to service.,The Veteran's current back disability is more likely due to an age-related process accelerated by his overweight status.