Sleep apnea decisions — 2023

The reduction of the evaluation for the Veteran's left knee limitation of flexion was restored to a 10 percent rating.,The petition to reopen a claim for service connection for glaucoma is denied. The evidence does not show that there was actual improvement in the Veteran's left knee flexion at the time of the reduction, and the additional evidence received since the August 2007 rating decision is cumulative or redundant.,Service connection for a heart disorder is denied. The evidence of record persuasively weighs against finding that the Veteran has had a heart disorder as chronic in service or within an applicable presumption period.,Service connection for bilateral hearing loss is denied. The evidence of record does not show that the Veteran has had hearing loss at any time during or approximate to the pendency of the claim.,Service connection for a corneal abrasion of the eye is denied. The evidence of record does not show that the Veteran has had an eye disorder characterized by an abrasion (eye abrasion) at any time during or approximate to the pendency of the claim that caused a functional impairment in earning capacity.,Service connection for obstructive sleep apnea (OSA) is remanded. The evidence of record does not show that the Veteran has had OSA at any time during or approximate to the pendency of the claim.,Service connection for an allergy disorder is remanded. The evidence of record does not show that the Veteran has had an allergy disorder at any time during or approximate to the pendency of the claim.

The Board has remanded the claims for service connection due to a lack of consideration under the PACT Act, and also because further examinations are needed.

The Board has decided that the issue of service connection for sleep apnea should be remanded due to new evidence being submitted after February 2013, and the need to consider all such evidence in a supplemental statement of the case.

The Veteran's claim for service connection for sleep apnea was denied as there is no evidence of a nexus between his current condition and his military service. The Board found that the Veteran's sleep apnea did not meet any presumptive criteria, including those related to Gulf War veterans or exposure to burn pits and other toxins. Service connection on a direct basis was also denied due to lack of in-service diagnosis or treatment for sleep apnea. For TDIU, the Veteran's service-connected conditions were found insufficient to render him unemployable.

The Veteran's sleep apnea is remanded for an addendum VA opinion to determine if his service-connected conditions, including coronary artery disease and scar, status post stent placements, caused or aggravated his sleep apnea.

The Board denied service connection for OSA, finding that it was not incurred in or aggravated by service and did not have a direct link to any service-connected disability.

The appeal regarding the timeliness of a June 2023 VA Form 10182 is dismissed because the initial timely October 2022 VA Form 10182 has been docketed.

The Board has granted service connection for prostate cancer and sleep apnea, finding that the Veteran's exposure to herbicide agents at Ubon and Udorn RTAFBs in Thailand during his active duty service is presumed. The Veteran's lay statements regarding his duties near the air base perimeter are considered credible, leading to a favorable decision on both claims.

The Veteran's claim for an effective date prior to February 5, 2020 for the award of service connection for sleep apnea is denied.,The Veteran's claim for an effective date prior to January 17, 2020 for a 50% rating for PTSD is also denied.

The Board has dismissed all service connection appeals due to the Veteran's death.

The Board has granted service connection for right knee ACL and meniscus damage, as well as sleep apnea, both of which are found to be related to the Veteran's active military service.

The Board has granted an initial rating of 20 percent for lumbosacral strain and service connection for arthritis of the right knee, effective February 22, 2018. The appeal regarding these issues is now resolved in favor of the appellant.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and medical opinions, as the PACT Act requires such examinations if evidence of participation in toxic exposure risk activity (TERA) is provided. The claims are related to asbestos exposure during service.

The Veteran's appeal for a higher disability rating for lumbosacral strain has been dismissed because the appellant requested to withdraw his appeal.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the submission of new and relevant evidence. The Board finds that a VA medical opinion is needed to address whether the condition is related to active duty or PTSD.

The Veteran's appeals for various ratings and effective dates related to his service-connected peripheral neuropathies have been dismissed due to the death of the Veteran.

The Veteran's claims for a compensable rating for migraine headaches and service connection for sleep apnea were denied. The Board found no evidence of current diagnoses or causal relationship to service.

The Board has granted service connection for obstructive sleep apnea as being caused by the Veteran's service-connected PTSD and lumbar spine disability.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Veteran's claims for service connection were denied as there was no new and relevant evidence presented to support the original denials. The Board found that none of the conditions claimed are related to his active service or a service-connected disability.