Citation Nr: 20003702 Decision Date: 01/16/20 Archive Date: 01/15/20 DOCKET NO. 17-59 976 DATE: January 16, 2020 ORDER Entitlement to service connection for obstructive sleep apnea-hypopnea syndrome is granted. REMANDED Entitlement to service connection for left ear hearing loss is remanded. Entitlement to an increased rating for left knee disability is remanded. Entitlement to an increased rating for right knee disability is remanded. Entitlement to an increased rating for bilateral plantar fascitis is remanded. Entitlement to a compensable rating for right foot hallux rigidus is remanded. FINDING OF FACT The Veteran’s current disability of obstructive sleep apnea-hypopnea syndrome was initially diagnosed during a period of and is otherwise related to active service. CONCLUSION OF LAW The criteria for entitlement to service connection for obstructive sleep apnea-hypopnea syndrome have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had honorable active duty service in the United States Marine Corps from December 1976 through December 1979; he also had honorable active duty service in the United States Air Force from May 2006 through October 2006, from June 2010 through February 2011, and from February 2011 through November 2017. The Veteran also had significant periods of inactive duty. During his service, he was awarded, among others, the Meritorious Service Medal, Joint Service Commendation Medal, Air Force Commendation and Achievement Medal, Army Commendation and Achievement Medal, Iraq Campaign Medal, and the Afghanistan Campaign Medal. The Veteran and his representative participated in a Travel Board hearing in October 2019 before the undersigned Veterans Law Judge, a transcript of which has been associated with the record. Service Connection 1. Entitlement to service connection for obstructive sleep apnea-hypopnea syndrome is granted. By claim filed in February 2016, the Veteran sought service connection for obstructive sleep apnea. The Veteran was initially diagnosed with obstructive sleep apnea-hypopnea syndrome by a private clinician during active service, in March 2015. A sleep test was performed, obstructive sleep apnea was diagnosed, and the Veteran was prescribed a CPAP machine. The Veteran’s service treatment records contain follow up appointments as well for the condition. There is no competent evidence of the condition having predated the Veteran’s service. The diagnosis is sufficiently close to the claim to find evidence of a current disability. The Board finds that the Veteran continued to experience the same symptoms thereafter. Service connection may be granted for injuries or disease resulting in disability that were incurred coincident with service in the Armed Forces. See 38 C.F.R. § 3.303(a). On review, it is apparent that service connection for obstructive sleep apnea-hypopnea is warranted and such is accordingly granted. This decision represents a full grant of the benefit sought on this claim, and the lack of review of new evidence by the Agency of Original Jurisdiction (AOJ) is accordingly not prejudicial to this issue. REASONS FOR REMAND 1. Entitlement to service connection for left ear hearing loss is remanded 2. Entitlement to an increased rating for left knee disability is remanded. 3. Entitlement to an increased rating for right knee disability is remanded. 4. Entitlement to an increased rating for bilateral plantar fascitis is remanded. 5. Entitlement to a compensable rating for right foot hallux rigidus is remanded. Additional development is required before the Board may reach final decisions as to the remaining issues on appeal. First, with regard to the Veteran’s claim for service connection for left ear hearing loss, the Veteran contends that his hearing is worse than at the time of his previous examination. Considering that the Veteran is service-connected for his right ear hearing loss, in-service noise exposure has been conceded. Thus, the Veteran’s claim is remanded to determine whether his left ear hearing loss now meets the criteria for service connection for VA purposes. With regard to his orthopedic claims, the Veteran contends that his disabilities have increased in severity since his previous examinations. Accordingly, his claims must be remanded in order that updated examinations may be performed and the current severity of his disabilities be ascertained. The matters are REMANDED for the following action: 1. Obtain and associate with the Veteran’s electronic claims file any outstanding VA treatment records dated since January 2018 and any private treatment records identified by the Veteran. 2. Schedule the Veteran for an examination by an appropriate examiner to determine the current severity of left ear hearing loss, and perform any necessary further development indicated based on the results of the examination. 3. Schedule the Veteran for an examination by an appropriate examiner to determine the current severity of his service-connected bilateral foot disability and right foot hallux rigidus. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. 4. Schedule the Veteran for an appropriate examination to determine the current nature and severity of the Veteran’s bilateral knee disabilities. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. C. King, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.