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
- Not verified here — check the original decision
- Decision date
- March 13, 2009
- Citation
- 0909569
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0909569.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Denied
The Board denied service connection for an anxiety disorder and a sleep disturbance disorder, finding that these symptoms are already being compensated through the Veteran's service-connected PTSD. The claims were remanded to ensure adequate medical examinations for the right knee and left wrist disabilities.
- Whole decision: Denied
The Board denied service connection for insomnia because it is already compensated as part of the Veteran's service-connected PTSD.
- Whole decision: Denied
The Board denied the Veteran's claims of service connection for anxiety disorder and sleep disturbance disorder, concluding that these conditions are not separate from his service-connected PTSD.
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