Caring. Effective. Efficient.

BVA Erred in Denying Service Connection for Sleep Apnea

BVA Erred in Denying Service Connection for Sleep Apnea

The BVA denied a veteran service connection for  sleep apnea, and made several errors in doing so.

First, it failed to consider the nexus between the veteran's deviated septum treatment in service and his sleep apnea.

Second, the BVA Veterans Law Judge considered, without any explanation, routine lay statements of symptoms of sleep apnea as "not credible". The VA agreed that the BVA judge erred when he rejected  a  veteran's statements describing in-service sleep deprivation and continuity of symptomatology for his sleep apnea as “not credible” on the grounds that service treatment records were silent for such complaints. 

BVA Judges routinely find veterans "not credible" - and their findings rarely have support in the fact or law.  Please contact Attig | Steel if you have a BVA decision which based its denial on an allegation that your veteran client  lacked credibility.

The Court of Appeals for Veterans Claims vacated this BVA decision denying service connection for sleep apnea and remanded it with instructions to follow in readjudicating the case.

Attig | Steel coordinated with the law firm of Gordon & Doner to handle the veteran's remand to the BVA.

Link to the BVA Decision on CAVC Website.

Link to the Joint Motion to Remand the CAVC Website.

Case Details

OGC Attorney: Shereen Marcus

Veteran Representation at CAVC: Chris Attig (link to bio)

Board of Veterans Appeals Veterans Law Judge:Harvey P. Roberts

Regional Office: Los Angeles, California VARO

Vets’ Rep at BVA: Adam G. Werner

Date of BVA Decision: September 12, 2016

Date of CAVC Remand Order: June 15, 2017

Recent Cases

This case involves a veteran’s appeal to the BVA seeking service connection for arthritis.  The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a… Read More
Attorney Chris Attig has been working with this veteran’s survivor for half a decade to get her DIC and survivor’s accrued benefits properly awarded.  The veteran was a 3 decade military veteran, who fought not only in Thailand during th… Read More
  This case involves the BVA’s rating of a veteran’s service connected knee injury and a BVA credibility finding; our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claim (CAVC). The appeal was res… Read More

See More Appellate Results

VA Form 21 Blog

Apr
23
What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s depende… Read More
Jan
17
One of our clients’ cases, Martinez v. Wilkie, No 17-1551, was recently set for a panel decision by the US Court of Appeals for Veterans Claims (CAVC).We are not yet sure if there will be supplemental briefing or oral argument at this time. I… Read More

Read the VA Form 21 Blog