BVA Case 06-2630: Back

BVAReal Board of Veterans' Appeals decision · · GAJARSA

Outcome
Dismissed
Decision Date
Unknown
Judge
GAJARSA
Service Era
Not specified

Conditions Claimed

BackSleep ApneaEye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Issues on Appeal

BackSleep ApneaEye

Why It Was Decided This Way

§ 5103A(d) when the appellant has not satisfied even the low threshold for proof of medical nexus that would mandate a VA medical examination.

While there is presumption of exposure and service connection for veterans who served in Vietnam for certain diseases, the Board found that Mr.

Rodrigue currently suffers from myasthenia gravis and is diagnosed with sleep apnea, the Board found that there was no medical or scientific evidence to support causation.

” In denying the claim, the Board found the letter from Dr.

Likewise, the Board also denied service connection for sleep apnea based upon a total lack of proof of direct causation because the record did not contain a medical nexus opinion linking Mr.

The Veterans Court affirmed, holding that it was unable to conclude that the Board erred in its findings that neither myasthenia gravis nor sleep apnea was “shown to be causally or etiologically related to service or exposure to an herbicide agent.

Rodrigue also argued that the Board erred in denying his request for a VA medical nexus examination under § 5103A(d) because he had submitted lay evidence including numerous articles derived from medical books and the internet regarding the causes, incidences, and risk factors for myasthenia gravis in support of his claim.

Under § 5103A(d) (duty to assist claimants), the Secretary must provide a medical opinion when the evidence of record taking into consideration all information and lay or medical evidence (including statements of the claimant): (A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and (B) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but (C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim.

Authorities Cited

Forshey v. PrincipiRodrigue v. PeakeSee Shedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.309(e)38 USC 1116(a)38 USC 510338 USC 7292(a) (2006)38 USC 7292(c)38 USC 7292(d)(2)

Denial Type

No Nexus|Duty To Assist

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Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.