Sleep apnea decisions — 2015

The Board has granted service connection for obstructive sleep apnea and hypertension, and finds that new and material evidence sufficient to reopen the previously denied claim of entitlement to service connection for a lung disability has been received.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current sleep apnea is related to service. The Veteran will need a supplemental opinion from VA clinicians.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for sleep apnea, including obtaining a medical opinion regarding the etiology of his condition.

The Veteran's appeal is being remanded to obtain additional medical records and determine the nature of his service-connected conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The Veteran's tension headaches have been rated at 50 percent since December 1, 2008. The Board found that the Veteran's very frequent and prolonged prostrating migraines meet the criteria for a 50 percent rating.

The Board has determined that the Veteran's service connection claim for obstructive sleep apnea is granted, with no specific rating assigned and no effective date provided.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. His claims of increased PTSD rating, service connection for sleep apnea secondary to PTSD, and service connection for coronary artery disease secondary to PTSD are still pending.

The Veteran's claim for service connection for sleep apnea, including as due to his service-connected PTSD, is being remanded for further development.

The Board has remanded the case for additional development due to the Veteran's request for a videoconference hearing.

The Veteran's claim for an earlier effective date for his service connection and initial rating for obstructive sleep apnea is denied. The effective date cannot be earlier than August 21, 2009 as that is the earliest date of receipt of a claim.

The Veteran's claims for service connection for sleep apnea, back disability, and bilateral pes planus with plantar fasciitis were denied. The Board found that new and material evidence was not received to reopen the claims of service connection for back disability and bilateral pes planus with plantar fasciitis.

The Veteran's anxiety disorder, depressive disorder, and obstructive sleep apnea have been granted service connection. The claim for fatigue is denied as it is considered a symptom of the other conditions.

The Board has reopened the Veteran's claim for service connection for sleep apnea, but further development is needed to determine if it is related to a service-connected disability and whether it was aggravated by one.

The Board has ordered a remand due to the need for issuance of a Statement of the Case (SOC) regarding all service connection claims.

The Veteran's appeal is denied as his COPD with sleep apnea did not meet the criteria for a rating in excess of 50 percent prior to December 11, 2013. Other claims are also denied.

The Veteran's claim for a temporary total rating due to bilateral surgical fasciotomies was denied as the surgeries were unrelated to her service-connected disabilities.

The Veteran's claim for increased ratings and TDIU was denied. The lumbar spine disability is rated at 10 percent, while the right forearm disability remains at 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the current severity of his lumbosacral spine disability.

The Board has determined that the Veteran's claims for service connection for bilateral foot disability, sleep apnea, and a below-the-left-knee amputation are not supported by the evidence of record. The claim for diabetes mellitus was previously denied in July 2005 and no new and material evidence has been received since then. The claim for an acquired psychiatric disability was also previously denied but no new and material evidence has been received since September 1991. No increased rating is granted for chronic low back pain, chronic sinusitis with headaches, or a left varicocele. Special monthly compensation based on the need for aid and attendance of another person or due to being housebound is not warranted. The Veteran's claim for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment for an automobile is also denied.