CAVC Case 19-8927: Sleep Apnea
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-08-20 · 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.
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
Service ConnectionEffective DateIncreased RatingSleep Apnea
Why It Was Decided This Way
The appellant ,through counsel, appeals an August 20,2019,Board of Veterans'Appeals (Board)decision in which the Board found no clear and unmistakable error (CUE)in an October 16,1995,VA regional office (RO)rating decision denying an increased disability rating � that is,in excess of 40% � for service-connected narcolepsy with hypersomnolence and disturbed nocturnal sleep (now service connected as narcolepsy with cataplexy).
After reviewing the evidence of record,the Board determined that the appellant's obstructive sleep apnea and narcolepsy should be separately evaluated.
In addition,the Board noted that because cataplexy is also rated under the same diagnostic code provision the appellant's disabilities are most appropriately separately rated as obstructive sleep apnea under Diagnostic Code 6847 and as narcolepsy with cataplexy under Diagnostic Code 8108.
In this decision,the Board determined that the criteria for a rating in excess of 50%for obstructive sleep apnea had not been met.
In the August 20,2019, decision we consider here on appeal,the Board determined that the October 16,1995,rating decision that denied any increased disability rating,i.
PARTIES'ARGUMENTS The appellant contends that the Board failed to provide an adequate statement of reasons and bases when failing to adjudicate [his]CUE claim that his narcolepsy with cataplexy should have been rated separately from his sleep apnea.
According to the appellant,even though he explicitly raised this theory of CUE,the Board failed to consider the argument.
In response,the Secretary concedes that the Board erred when it failed to consider the theory that the 1995 RO decision was the product of CUE because [a]ppellant's narcolepsy and cataplexy should have been rated separately from his sleep apnea.
Authorities Cited
Denial Type
Non Denial Outcome
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