The Veteran seeks service connection for sleep apnea, which is a disease rather than an injury. The Board finds that the question of whether the Veteran was performing INACDUTRA at any point in time is immaterial as he can only be compensated for an injury incurred in the line of duty during a period of INACDUTRA. However, the Veteran participated in periods of ACDUTRA between September 1991 and March 2005. The case is REMANDED to provide the Veteran with an examination to determine whether his sleep apnea had its onset during active service or if not, was incurred or aggravated beyond its natural progress during any period of ACUDTRA.
The deciding factor: The question of INACDUTRA exposure is immaterial as the Veteran can only be compensated for injuries incurred in the line of duty during a period of INACDUTRA. However, he participated in periods of ACDUTRA between September 1991 and March 2005.
- Claimed conditions
- sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2011
- Citation
- 1111131
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1111131.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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