CAVC Case 23-1100: Sleep Apnea
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-08-29 · MEREDITH, 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
Sleep ApneaHeartDiabetesRadiculopathy
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 ConnectionSleep Apnea
Why It Was Decided This Way
at 703-04 (determining that a May 2021 VA medical opinion did not comply with the prior remand in part because the examiner did not address the appellant's weight changes);R.
at 1012-13 (finding that a 2020 examiner did not address the seminal questions required in a case where obesity is argued as an intermediate step, did not provide sufficient rationale as to the aggravation prong of secondary service connection, and appear[s]to have .
at 1909 (finding that the May 2013 examiner did not address whether diabetes aggravated OSA or whether OSA was secondary to CAD).
In the November 2022 decision on appeal,the Board denied disability compensation for OSA,including as secondary to service-connected diabetes or CAD and including as secondary to obesity caused by diabetes or CAD.
t discuss facts particular to his case in finding that OSA was not secondary to diabetes or CAD,and did not address whether diabetes or CAD aggravated his OSA.
He further argues that the September 2022 VA opinion does not comply with the Board's remand directives and that the Board erred in relying on VA examination reports that the Board previously found inadequate.
Finally,he avers that the Board failed to discuss evidence relevant to whether service connection was warranted based on obesity as an intermediate step between service-connected diabetes or CAD and OSA.
For his part,the Secretary concedes that remand is required because the September 2022 VA medical opinion was inadequate and because the Board did not provide sufficient reasons or bases for concluding that the examination report complied with the Board's June 2022 remand.
Authorities Cited
Denial Type
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 →