The veteran was granted a 50% disability rating for sleep apnea effective December 5, 2001. The claim is denied as there is no legal basis to grant an earlier effective date.
The deciding factor: The effective date of the award based on liberalizing criteria is one year prior to the date of receipt of the claim, which was more than one year after the effective date of the liberalizing regulation.
- Claimed conditions
- Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- September 11, 2006
- Citation
- 0628599
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 0628599.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for a TDIU and remanded several service connection claims.
- Partly granted
The Board granted a 100 percent disability rating for PTSD, NCD, and TBI prior to May 4, 2023, and restored the 10 percent rating for GERD effective June 8, 2023.
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