CAVC Case 22-6636: Sleep Apnea
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-02-21 · SCHOELEN
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
Sleep ApneaHeadacheSkinHeartRespiratoryTDIUEyeRadiculopathyHypertension
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.
Issues on Appeal
Service ConnectionTDIUIncreased RatingSleep Apnea
Why It Was Decided This Way
at 920,and opined that the appellant's hypertension was not related to his sinusitis.
Regarding the vision disorder,the Board noted that the appellant began wearing glasses in service and that he had defective vision at the separation examination.
The Board determined that because there was both in-service evidence of a vision disorder and a current diagnosis of a vision disorder,an examination was necessary to determine the nature and etiology of the appellant's vision disorder.
The Board found the June 2015 opinion for nose conditions inadequate because it was based on an inaccurate factual premise.
The Board noted that the examiner marked the deviated septum as congenital in Section I and traumatic in Section III and then the examiner provided a negative nexus opinion because the deviated septum was noted as congenital in the service treatment record.
Because the entrance examination was silent for notations of a deviated septum,the Board found the examination inadequate.
The examiner found that the appellant's hypertension was not related to his sleep apnea as his sleep apnea was eliminated by using a continuous positive airway pressure (CPAP)machine.
The examiner opined that the claimed eye conditions were less likely than not related to any event or injury in service,noting that ocular hypertension and cataracts were naturally occurring and that refractive errors were often naturally occurring.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
Find Similar Decisions for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →