DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Regional Office
MALIK THOMAS
VA File Number
608 90 3445
Represented By:
WILLIAM C ANDERSON
Rating Decision
02/12/2024
INTRODUCTION
The records reflect that you are a Veteran of the Gulf War Era. You served in the Army from
November 3, 2014 to November 2, 2018. We received your supplemental claim on August 23,
2023. Based on a review of the evidence listed below, we have made the following decision(s)
on your claim.
DECISION
The previous denial of service connection for sleep apnea is confirmed and continued.
EVIDENCE
● Disability Benefit Questionnaire by contractor QTC, received February 11, 2024
● Third Party withdraw representation, received February 8, 2024
● VA Toxin Exposure Risk Activity, received February 7, 2024
● Disability Benefit Questionnaire by contractor QTC, received January 16, 2024
● Rating Decision, conducted December 1, 2023
● VAMC (Las Vegas) treatment records, received November 8, 2023, for the period April 27,
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2023 to August 14, 2023
● VAMC (Atlanta) treatment records, received November 8, 2023, for the period June 24, 2019
to June 2, 2021
● Service treatment records (STRs) received December 20, 2019, for the period November 3,
2014 to November 2, 2018
● DD Form 214, Certificate of Release or Discharge from Active Duty for the period
November 3, 2014 to November 2, 2018
● Personnel records received January 6, 2020, for the period November 3, 2014 to November
2, 2018
● VAMC (Veterans Affairs Medical Center) treatment records, Atlanta, from June 24, 2019
through July 3, 2019, received January 6, 2020
● Rating Decision, received December 12, 2022
● Sleep Apnea Disability Benefits Questionnaire, completed by VA contractor Logistics Health
Incorporated on August 10, 2022
● VA Form 21-526EZ, Application for Disability Compensation and Related Compensation
Benefits, received August 1, 2022
● VA Form 20-0995, Decision Review Request - Supplemental Claims, received August 23,
2023
● Sleep study appointment, received August 23, 2023
● Insomnia Disorder shown, received September 5, 2023
● Returned Mail, received September 11, 2023
● Direct Deposit Letter, received September 22, 2023
● Rating Decision, conducted December 1, 2023
● VAMC (West LA) treatment records, received February 12, 2024, for the period July 13,
2022 to August 25, 2023
● Treatment Records, received August 29, 2023, August 24, 2023
● Auto Review of Treatment Records, received August 25, 2023
● VA Form 21-0966, Intent To File A Claim For Compensation and/or Pension, or Survivors
Pension and/or DIC, received July 24, 2023
REASONS FOR DECISION
Service connection for sleep apnea.
A claimant may file a supplemental claim by submitting or identifying new and relevant
evidence. New evidence is evidence not previously part of the actual record before agency
adjudicators. Relevant evidence means evidence that tends to prove or disprove a matter at issue
in a claim. (38 CFR 3.2501) In support of your claim, new and relevant evidence has been
received and your claim is now reconsidered.
We received your supplemental claim August 23, 2023 we ordered an exam based on your claim
and medical records. The examiner diagnosed sleep apnea and opined that sleep apnea is less
likely than not (likelihood is less than approximately balanced or nearly equal) incurred in or
caused by the claimed in-service injury, event, or illness. Rationale is your record shows active
duty from 2014-2018, primary care initial visit on June 24 2019 silent for complains of sleep
apnea symptoms. There is no objective evidence to support sleep apnea is from service.
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The examiner opined sleep apnea is less likely caused by the indicated toxic exposure risk
activities. After considering your exposure through all applicable deployments and synergistic
combined effect of all toxic exposure risk activities of the veteran. Rationale service connection
for Sleep Apnea This is based upon claimed exposure(s) to Service as an Aviation Ops Spec The
place of exposure is on based. The reported activity that resulted in exposure is described as
active duty activities during deployment The duration of exposure is described as November 3,
2014 to November 2, 2018 The route of exposure is described as inhalation , dermal . The
frequency of exposure is reported as daily . Personal protective equipment was reportedly not
used. Visits with primary care supportive treatment, There is no medical or scientific evidence
available that provides any indication of a relationship between the development of the condition
at issue and the TERA.
Based on the negative opinion we are continuing denial of service connection for sleep apnea
from rating decision December 12, 2022.
On August 10, 2022, PL 117-168 (PACT Act) was enacted, amending 38 U.S.C. 1120 to
establish a presumption of service connection based on exposure to substances, chemicals, and
airborne hazards for several new conditions:
We considered whether your condition resulted from a toxic exposure risk activity (TERA) in
service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a
TERA.
We requested an examination with medical opinion based on toxic exposure risk activity
(TERA). Although the evidence of record shows participation in a TERA, the medical opinion
provided by the examiner does not show an association between your claimed disability and in-
service TERA. (38 U.S.C. 1168, 38 CFR 3.303)
Service connection may be granted for a disability which began in military service or was caused
by some event or experience in service. (38 CFR 3.303)
Service connection for sleep apnea is denied since this condition neither occurred in nor was
caused by service. (38 CFR 3.303, 38 CFR 3.304)
Favorable Findings identified in this decision:
Participation in a toxic exposure risk activity is conceded. We concede toxin exposure confirmed
by VA Memo.
The evidence shows that a qualifying event, injury, or disease had its onset during your service.
You had service treatment for sleep disturbances November 2017.
You have been diagnosed with a disability. You were diagnosed with sleep apnea December
2023 on VA exam.
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REFERENCES:
Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the
regulations of the Department of Veterans Affairs which govern entitlement to all Veteran
benefits. For additional information regarding applicable laws and regulations, please consult
your local library, or visit us at our website, www.va.gov.
