The Board found clear and unmistakable evidence that the Veteran's pre-existing sleep disturbance disorder did not increase in severity during active military service, thus denying his claim for service connection.
The deciding factor: There was no increase in disability due to the natural progress of the pre-existing condition, as evidenced by the absence of complaints or treatment for a sleep problem during service and the opinion that the Veteran's reported sleep problem is not caused by or a result of his military service.
- Claimed conditions
- sleep disturbance disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909569
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The appeal for service connection for sleep apnea was denied due to the lack of new and relevant evidence. The Board remanded the claim for a sleep disturbance disorder for further development, including an opinion on secondary service connection.
- Denied
The Board denied service connection for insomnia because it is already compensated as part of the Veteran's service-connected PTSD.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether plantar fasciitis was aggravated by active duty training.
- Partly granted
The Board granted a 30 percent rating for the Veteran's service-connected migraine headaches, but no greater.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.