The Veteran's disability manifested by sleep apnea is not due to disease or injury that was incurred in or aggravated by active service, a period of ACDUTRA, or an INACDUTRA. The Board finds the Veteran's lay assertions regarding continuity of symptomatology referable to sleep apnea beginning in service are not credible.
The deciding factor: The Veteran did not have complaints or findings referable to sleep apnea during his periods of active duty service and subsequent ACDUTRA/INACDUTRA. His lay statements about the onset of symptoms in service are not found credible due to inconsistencies with earlier statements made while serving in the National Guard.
- Claimed conditions
- sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2012
- Citation
- 1232644
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 1232644.
What this means for you
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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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