Sleep apnea decisions — 2022

The Board has remanded the Veteran's claims for service connection due to insufficient evidence. The issues include left leg disability, coronary artery disease, sinus condition (allergic rhinitis), sleep apnea, and skin condition (psoriasis).

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service, including his complaints of sleep-related problems beginning in 2007 and his weight gain during service. The Board also found that the condition does not meet the criteria for presumptive service connection as a Persian Gulf War veteran.

The Veteran's effective date for adding his spouse and two children as dependents to his compensation award is denied because the required information was not provided within one year of notification.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA is related to service, particularly given his presumed exposure to fine particulate matter during his Gulf War service. The VA will need to provide a new opinion considering this presumption.

The Veteran's claims for service connection for complex sleep apnea and tinnitus have been reopened due to the submission of new and material evidence. The claim for a compensable disability rating for bilateral hearing loss is denied, as his hearing impairment does not meet the criteria for any higher rating under VA's auditory acuity schedule. The Veteran's CAD remains at 60 percent disabling, with no evidence of chronic congestive heart failure or limited workload resulting in dyspnea, fatigue, angina, dizziness, or syncope. The claim for an effective date earlier than June 26, 2014 for the increased PTSD rating is denied due to lack of factual ascertainability.,The Veteran's claims for service connection for complex sleep apnea and tinnitus have been reopened due to new and material evidence. His hearing loss remains at a noncompensable rating as his pure tone thresholds do not meet the criteria for any higher rating under VA's auditory acuity schedule. The Veteran's CAD is rated at 60 percent disabling, with no evidence of chronic congestive heart failure or limited workload resulting in dyspnea, fatigue, angina, dizziness, or syncope. The claim for an effective date earlier than June 26, 2014 for the increased PTSD rating is denied due to lack of factual ascertainability.

The Veteran's appeal for increased ratings on eleven service-connected disabilities is dismissed due to the absence of a notice of disagreement (NOD) for the October 2017 rating decision that awarded the maximum, 50 percent rating for bilateral plantar fasciitis.

The Board has dismissed all service connection claims due to the appellant's death.

The Veteran's claim for service connection for sleep apnea is denied, while his claim for residuals of rectal cancer (claimed as colon cancer) is granted.

The Veteran's service-connected MUCMI, including CFS and fibromyalgia, low back disability, DM II, and OSA have been granted.

The Veteran's lumbosacral strain with degenerative arthritis and disc disease was granted service connection. The case is remanded for a new VA medical opinion regarding the bilateral foot condition.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected bipolar I disorder.

The Veteran's headaches are rated at a noncompensable level prior to December 18, 2018 and at a 10 percent level thereafter. Service connection for obstructive sleep apnea is granted. The Board has remanded the issue of entitlement to a rating in excess of 10 percent for migraine headaches.

The Board has granted service connection for bilateral lower extremity neuropathy as aggravated by the Veteran's service-connected cervical spine disorder. The claim for tinnitus was denied due to lack of new and material evidence, and the claim for sleep apnea was denied as not related to service.

The Board has remanded the case due to insufficient compliance with previous remand directives, particularly regarding the Veteran's exposure to burn pits and his service connection claim for sleep apnea.

The Board has granted service connection for the appellant's collapsing nostril, deviated septum, and chronic congestion as residuals of a nasal fracture. It also granted an initial compensable rating for his right inguinal hernia repair scar.,The appeal regarding bilateral hearing loss and obstructive sleep apnea is remanded.

The Veteran's back disability, specifically lumbosacral strain and intervertebral disc syndrome, has been evaluated at a 10 percent rating since the initial grant of service connection. The Board found that the evidence did not support an increase in evaluation beyond this level.

The Board dismissed the claim for service connection for obstructive sleep apnea as it has already been granted in a December 2021 rating decision.

The Board has determined that the Veteran's obstructive sleep apnea is related to service and remands for a VA examination to determine if it is proximately due to or aggravated by his service-connected PTSD.

The Board has decided to remand the case due to incomplete medical opinions and missing records. The Veteran's obstructive sleep apnea is being reviewed again for service connection, with a focus on whether it is proximately due or aggravated by his service-connected conditions.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to service, including exposure to environmental hazards. The Veteran will need a new VA examination to address these issues.