The Veteran's claim for an earlier effective date for service-connected PTSD and sleep apnea is being remanded. The issue of whether the September 14, 2010 rating decision denying service connection for PTSD was clearly and unmistakably erroneous is also inextricably intertwined with this matter.
The deciding factor: The Board cannot accept jurisdiction over the earlier effective date claim due to an unresolved CUE issue regarding the denial of service connection for PTSD in a prior rating decision.
- Claimed conditions
- Major depressive disorder with posttraumatic stress disorder (PTSD), sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2019
- Citation
- 19119912
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19119912.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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