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BVA Erred in Denying Service Connection for Sleep Apnea

BVA Erred in Denying Service Connection for Sleep Apnea

The BVA denied a veteran service connection for  sleep apnea, and made several errors in doing so.

First, it failed to consider the nexus between the veteran's deviated septum treatment in service and his sleep apnea.

Second, the BVA Veterans Law Judge considered, without any explanation, routine lay statements of symptoms of sleep apnea as "not credible". The VA agreed that the BVA judge erred when he rejected  a  veteran's statements describing in-service sleep deprivation and continuity of symptomatology for his sleep apnea as “not credible” on the grounds that service treatment records were silent for such complaints. 

BVA Judges routinely find veterans "not credible" - and their findings rarely have support in the fact or law.  Please contact Attig | Steel if you have a BVA decision which based its denial on an allegation that your veteran client  lacked credibility.

The Court of Appeals for Veterans Claims vacated this BVA decision denying service connection for sleep apnea and remanded it with instructions to follow in readjudicating the case.

Attig | Steel coordinated with the law firm of Gordon & Doner to handle the veteran's remand to the BVA.

Link to the BVA Decision on CAVC Website.

Link to the Joint Motion to Remand the CAVC Website.

Case Details

OGC Attorney: Shereen Marcus

Veteran Representation at CAVC: Chris Attig (link to bio)

Board of Veterans Appeals Veterans Law Judge:Harvey P. Roberts

Regional Office: Los Angeles, California VARO

Vets’ Rep at BVA: Adam G. Werner

Date of BVA Decision: September 12, 2016

Date of CAVC Remand Order: June 15, 2017

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