Sleep apnea Board decisions

The Board has remanded the case for additional development, including a VA examination and issuance of a Statement of the Case (SOC) regarding the Veteran's claim for service connection for PTSD. The case will be further adjudicated after these actions.

The Board has remanded the case for a new VA examination to determine if the Veteran's lumbar spine disorder is related to service, including his fall in service. The examiner must consider the Veteran's lay statements of continuity of symptomatology since injury in service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to address the etiology of his psychiatric disorder, spine, right foot, and right hip disabilities, as well as the severity of his service-connected right knee disabilities.

The Veteran's appeals for increased ratings and reopening of previously denied claims were denied. The Board found that new evidence did not meet the criteria to reopen his claim for service connection for a deviated nasal septum.

The Veteran's hurthle (thyroid) cancer is related to in-service exposure to ionizing radiation, and his obstructive sleep apnea may have had its onset during service. The Board finds the evidence in equipoise as to both claims.

The Board finds that the Veteran does not have a current disability related to his service-connected Anthrax vaccine, and thus cannot establish service connection for any of the claimed conditions.

The Board has ordered an exhaustive search for service records the Veteran reported he submitted to a VA examiner in 2007. The case is remanded for further development and readjudication.

The Board has determined that the Veteran's liposarcoma is related to his service, specifically due to Agent Orange exposure during service. As a result, the Board has granted service connection for liposarcoma and its secondary effects on splenectomy, muscle resection, colon resection, and nephrectomy.

The Veteran's bilateral hearing loss was reduced from 80% to 20%, effective July 1, 2012. The claim for a higher rating for his lumbar spine disability and TDIU is pending.

The Board has determined that the Veteran's claims for service connection for sleep apnea, left ankle disability, and right ankle disability are not supported by the evidence of record.

The Veteran's lumbosacral strain with associated radiculopathy was evaluated, and the RO found that a rating in excess of 40 percent is not warranted. The temporary total rating for hospital treatment from November 27, 2011 to February 29, 2012 was granted. Separate ratings for left lumbar radiculopathy (20%) and right lower extremity radiculopathy (20%) were assigned.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining VA and private clinical documentation.

The Veteran's lumbar spine disability is rated at 40 percent since April 12, 2012. The rating remains unchanged for the other issues on appeal.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a new examination of the Veteran's bilateral knee disabilities. The appeal will be returned to the Board after this is completed.

The Veteran withdrew his appeals on the issues of entitlement to service connection for cardiovascular disease, diabetes mellitus, and sleep apnea during a hearing before the Board. The appeal is dismissed.

The Veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to determine the etiology of his claimed conditions.

The Board has determined that the Veteran does not have a current disability of mononucleosis, and therefore cannot establish service connection for this condition. The claim for bilateral hearing loss is also denied as there is no evidence of a current disability meeting VA's criteria for hearing loss.

The Veteran seeks service connection for sleep apnea, which he claims is related to his presumed exposure to Agent Orange during service. The VA examiner's opinion was inadequate and a new examination is needed.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and an opinion from a different VA sleep specialist regarding the nature and etiology of the Veteran's sleep apnea.

The Board has determined that the Veteran's current diagnosed obstructive sleep apnea is not related to his period of service, and thus denied his claim for service connection.