The Board has granted an effective date of September 14, 2005 for the award of a 50 percent rating for service-connected central and obstructive sleep apnea. The other two issues have been addressed but are pending.
The deciding factor: The veteran's claim for an earlier effective date was denied as there was no CUE in the November 1993 rating decision, which granted service connection and assigned a noncompensable rating for central and obstructive sleep apnea. The RO found that the veteran did not meet the criteria for a 50 percent rating within one year prior to September 14, 2005.
- Claimed conditions
- central and obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 16, 2008
- Citation
- 0835527
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 0835527.
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.
- Granted
The Board granted service connection for central and obstructive sleep apnea, finding that it was at least as likely as not caused by the Veteran's service-connected persistent depressive disorder.
- Dismissed
The Veteran's claims for increased ratings and service connection were dismissed. The claim of service connection for PTSD was denied due to uncorroborated stressors, but the claim for bipolar disorder and other specified trauma- and stressor-related disorder was granted. The claim for heart disability (atrial fibrillation with bradycardia and coronary artery disease) resulted in a 60% rating.
- Granted
The Board has granted the Veteran's claim for service connection for central and obstructive sleep apnea, finding that it is at least as likely as not incurred during his military service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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