CAVC Case 14-2952: Sleep Apnea

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2014-06-30 · PIETSCH, 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.

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Outcome
Affirmed / Vacated / Remanded
Decision Date
2014-06-30
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

Sleep ApneaSkinEyeRadiculopathy

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Issues on Appeal

Service ConnectionReopenSleep Apnea

Why It Was Decided This Way

For the reasons that follow, the Court will vacate the Board's June 2014 decision denying entitlement to service connection for sleep apnea to the extent that the Board did not address a theory of secondary service connection based on service 1 Sarcoidosis is defined as a chronic,progressive,systemic granulomatous reticulosis of unknown etiology, characterized by hard tubercles that can affect almost any organ or tissue,including the skin, lungs,lymph nodes,liver, spleen,eye,and small bones of the hands and feet.

In its June 2014 decision on appeal, the Board denied entitlement to service connection for sleep apnea.

The appellant has a current diagnosis of sleep apnea,the preponderance of the evidence was against a finding that his sleep apnea was related to service.

The appellant had presented new and material evidence sufficient to reopen his claim for service connection for pulmonary sarcoidosis and remanded the claim for further evaluation,including a VA examination and opinion.

The appellant argues that the Board erred in discounting his lay statements in deciding his claim and failed to provide an adequate statement of reasons or bases concerning VA's duty to assist.

The appellant also argues that the Board erred in not remanding all claims reasonably raised by the record.

Direct Service Connection for Sleep Apnea Establishing service connection generally requires medical or,in certain circumstances,lay evidence of (1)a current disability;(2)incurrence or aggravation of a disease or injury in service; and (3)a nexus between the claimed in-service injury or disease and the current disability.

The Court reviews the Board's factual findings regarding entitlement to service connection 3 under the clearly erroneous standard of review set forth in 38 U.

Authorities Cited

Breeden v. PrincipiBuchanan v. NicholsonCaluza v. BrownColvin v. DerwinskiDouglas v. DerwinskiDuenas v. PrincipiFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiHersey v. DerwinskiHickson v. WestJandreau v. NicholsonKutscherousky v. WestLendon v. NicholsonOwens v. BrownSchroeder v. WestSee Davidson v. ShinsekiSee Hilkert v. WestSee Howard v. GoberSee Kahana v. ShinsekiSee Kay v. PrincipiSee Schafrath v. DerwinskiSee Swann v. BrownSee Tucker v. WestWashington v. NicholsonWaters v. Shinseki

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist

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