The Veteran's claim for an earlier effective date for a 50 percent rating for obstructive sleep apnea status post uvulopalatopharyngoplasty (UPP) is denied as there was no pending claim for an increased rating prior to May 10, 2005.
The deciding factor: The Veteran's claim for an earlier effective date is without legal merit due to the finality of a previous RO decision and the absence of clear and unmistakable error (CUE).
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 30, 2010
- Citation
- 1024380
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 1024380.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Partly granted
The Veteran's PTSD was granted a 70 percent rating prior to March 7, 2022, while other claims were denied.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
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