Citation Nr: 21010217
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 13-19 998
DATE: February 24, 2021

ORDER

Entitlement to service connection for sleep disturbances, to include as due to an undiagnosed illness is granted.

FINDING OF FACT

The Veteran has an undiagnosed illness manifested by sleep disturbance.

CONCLUSION OF LAW

The criteria for entitlement to service connection for sleep disturbances, to include as due to an undiagnosed illness have been met.  38 U.S.C. §§ 38 U.S.C. §§ 1110, 1117, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.317.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 2003 to July 2007, including service in Southwest Asia, with periods of Reserve duty between October2007 and July 2011.  The issues were remanded in June 2017 and October 2018 for further development.  

The Veteran testified via video conference before the undersigned in February 2017.  

The Board notes that the issue of entitlement to service connection for a chronic staph infection involving the left forearm was granted in an August 2020 RO rating decision.  As this reflects a grant of the full benefit sought on appeal that issue is no longer in appellate status.  Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).

1. Entitlement to service connection for sleep disturbances, to include as due to an undiagnosed illness

The Veteran contends that she has sleep disturbances that began in and are a result of her service in Iraq.  

Based on a review of the claims file, it appears the RO has taken inconsistent positions on whether service connection for the disorder at issue is recognized.  A June 2020 rating decision granted the claim based on a March 2020 VA examination and opinion that found the Veteran’s sleep disturbances were due to an undiagnosed illness.  However, a subsequent July 2020 VA opinion on the issue reflects that it is less likely as not the Veteran has an undiagnosed illness manifested by sleep disturbances, and the RO appears to have accepted that opinion, as the RO recertified the matter to the Board for an appellate decision.  

To resolve this inconsistency, the Board grants the claim.  The Board notes that the March 2020 examiner provided a positive opinion on whether the Veteran has an undiagnosed illness manifested by sleep disturbances.  Based on that opinion, the 

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Board finds that service connection for sleep disturbances, to include as due to an undiagnosed illness, is warranted, and the claim is granted.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Mitchell, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.