The Board found that chronic obstructive sleep apnea and restless leg syndrome did not have their onset during active military service and are not the result of exposure to chemical herbicides.
The deciding factor: VA's Secretary has determined that a presumption of service connection based on exposure to herbicide agents, including Agent Orange used in Vietnam, is not warranted for any condition, including sleep apnea or restless leg syndrome.
- Claimed conditions
- Chronic obstructive sleep apnea, Restless leg syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 12, 2010
- Citation
- 1013840
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. Read the original VA decision (opens in a new tab) using citation 1013840.
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: Denied
The Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
- Whole decision: Dismissed
The Board has dismissed the Veteran's claims for increased ratings for restless leg syndrome of both legs and denied his claim for a higher rating for generalized anxiety disorder. The Veteran is now rated at 70% for generalized anxiety disorder, effective from July 11, 2019.
- Whole decision: Partly granted
The Board granted service connection for PTSD and restless leg syndrome, denied service connection for a respiratory disorder other than sinusitis and rhinitis, and granted an initial rating of 70 percent for depressive disorder with alcohol use disorder effective August 18, 2022.
- Whole decision: Denied
The Board denied a compensable rating for sinusitis, service connection for a prostate condition, and service connection for restless leg syndrome.
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