CAVC Case 13-2352: Sleep Apnea
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2011-03-03 · SCHOELEN, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
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)
| Rating | Monthly (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 |
Conditions Claimed
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Issues on Appeal
Sleep Apnea
Why It Was Decided This Way
The appellant appealed this denial to the Board and,in March 2003,the Board denied entitlement to disability compensation for sleep apnea and a disability manifested by generalized pain,including chest pain,but remanded the appellant's claim for a respiratory disorder for further development.
In May 2006,the Board denied disability compensation benefits for a respiratory disorder, to include sleep apnea.
On appeal,the Court vacated the Board's decision and granted the parties'joint motion for remand in which they agreed that the Board provided inadequate reasons and bases for its determination that the November 2005 VA examiner's positive nexus opinion was less probative than other medical evidence of record.
In August 2008,the Board found the November 2005 examiner's etiology opinion regarding the appellant's restrictive lung disease internally contradictory.
The VA examiner diagnosed restrictive lung disease and chronic obstructive sleep apnea,but found that both diagnoses were less likely than not related to the appellant's service.
Vo opined that sleep apnea,morbid obesity,and restrictive lung disease were not related to service,but opined that it was at least as likely as not that the appellant's RADS or irritant-induced asthma was related to military service.
On March 3,2011,the Board denied disability compensation for a respiratory disorder other than RADS and irritant-induced asthma,to include sleep apnea and restrictive lung disease,finding that the most probative evidence demonstrated that sleep apnea and restrictive lung disease first manifested after service and were not etiologically related to service.
In a confusing tapestry of arguments,the appellant asserts that the Board failed to resolve or properly weigh the conflicting medical opinions of record,failed to provide an adequate medical examination,and arbitrarily disregarded his testimony and lay evidence regarding an in-service occurrence of his respiratory disorder.
Authorities Cited
Denial Type
Credibility|No Nexus|Inadequate Exam
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