The veteran's initial rating for sleep apnea was increased to 40 percent from April 20, 1991 to October 6, 1996. The effective date of this increase is October 7, 1996. The veteran also received a 50 percent rating for sleep apnea starting from October 7, 1996. However, the Board found that an earlier effective date was not warranted.
The deciding factor: The veteran's initial rating of 40 percent for sleep apnea prior to October 7, 1996 is based on the criteria applicable at that time, while the increased rating from October 7, 1996 is based on the revised criteria effective October 7, 1996.
- Claimed conditions
- sleep apnea syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 24, 2008
- Citation
- 0824881
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 0824881.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for sleep apnea syndrome, frequent falls and unbalance, headaches, right shoulder disability, back disability, left hip disability, and left knee disability. The evidence did not support a finding that these conditions began during service or were linked to service.,VA examinations and etiology opinions found no link between the Veteran's current diagnoses of sleep apnea syndrome and frequent falls and unbalance with his military service.
- Granted
The Board has granted the Veteran's claim for service connection for sleep apnea syndrome, finding that new and relevant evidence supports this determination. The Veteran's current diagnosis of sleep apnea is linked to his active duty service.
- Granted
The Veteran's migraines and sleep apnea syndrome are currently rated at the maximum schedular disability rating of 50 percent.,An earlier effective date of March 18, 2020, is granted for the grant of service connection for migraines.
- Remanded (sent back)
The Veteran's claims for service connection for anxiety and sleep apnea syndrome are being remanded due to the need for additional development, including examinations.
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