The Board has vacated its decision that the Veteran did not file a timely notice of disagreement regarding his petition to reopen claims for sleep apnea and adjustment disorder. The Board now finds that he did submit such a notice in January 2015, which granted the claim.
The deciding factor: The Board found that the Veteran submitted a timely notice of disagreement in January 2015 via fax, as evidenced by a successful transmission confirmation and attached cover letter.
- Claimed conditions
- sleep apnea, adjustment disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2018
- Citation
- 18144215
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 18144215.
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.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Dismissed
The appeal for service connection for sleep apnea is dismissed as the benefit sought has been granted, making the case moot.
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