The Veteran's claims for service connection for obstructive sleep apnea and major depressive disorder with anxious distress have been granted, effective from the date of receipt of their respective claims. However, his claim for service connection for stroke is being remanded due to conflicting medical opinions.,An earlier effective date for the grant of service connection for both conditions has not been granted.
The deciding factor: The Veteran's claims were granted based on the dates they were filed, which are later than when entitlement arose. The Board found that there was no evidence of a formal or informal claim prior to the filing date.,There is conflicting medical opinion regarding whether the Veteran has a current diagnosis of stroke.
- Claimed conditions
- obstructive sleep apnea, major depressive disorder with anxious distress
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2019
- Citation
- 19133692
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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