The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.
The deciding factor: The preponderance of the lay and medical evidence shows that the Veteran's sleep apnea was not present in service or until many years thereafter; and it is not related to service or to an incident of service origin, including to his service-connected sinusitis and rhinitis disabilities.
- Claimed conditions
- Sleep Apnea, Chronic Sleep Impairment (claimed as sleep degradation), Acquired Psychiatric Disorder, Residuals, Right Knee Injury, Migraine Headaches, Sinusitis with maxillary frontal sinusitis, Allergic Rhinitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2013
- Citation
- 1323033
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 1323033.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
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