CAVC Case 24-3854: Sleep Apnea
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-09-23 · 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 ConnectionSleep Apnea
Why It Was Decided This Way
February 2024 Board Decision In the February 2024 decision on appeal, the Board denied service connection for a right ankle condition.
The Board noted that the veteran received treatment for a February 1988 in-service ankle injury,and though the clinician's handwriting on the record was unclear,the heading at the top of the record noted a left foot problem.
The Board found the veteran's service treatment records (STRs)noted no complaints of or treatment for a right ankle disorder, even though the records noted treatment for bilateral foot and left ankle problems,and other conditions.
The Board found that in his hearing testimony the veteran addressed only current right ankle stiffness,and though the veteran's representative claimed the veteran had received treatment for a right ankle disorder in service, the veteran did not provide testimony recounting such an incident.
And the Board found no evidence that the veteran had been diagnosed with a chronic right ankle disorder in service or a current right ankle disorder,so service connection was not warranted under 38 C.
The Board found a VA examination unwarranted because the appellant had not reported an in-service event or symptoms of a chronic disorder he experienced continually since service,and the veteran's representative's 2 Case:24-3854 Page: 3 of 8 Filed:09/23/2025 statement that the veteran was treated for an in-service right ankle injury was insufficient to trigger an examination.
The appellant argues that the RO failed to obtain relevant private treatment records, and the Board clearly erred in finding the duty to assist satisfied,or the Board provided inadequate reasons or bases for finding the duty to assist satisfied.
The appellant argues that the Board failed to provide adequate reasons or bases for finding that a VA examination was not required to satisfy the duty to assist.
Authorities Cited
Denial Type
Non Denial Outcome
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