The Board found that the August 21, 1985 rating decision denying service connection for a sleep disorder was not clearly and unmistakably erroneous. The decision addressed previous claims of CUE regarding misapplication of 38 U.S.C. § 1111 and failure to apply 38 C.F.R. § 3.303(b).
The deciding factor: The Board dismissed the CUE issue on appeal as it was already fully addressed in previous decisions.
- Claimed conditions
- sleep disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2019
- Citation
- 19183276
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.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Remanded (sent back)
The Board remands the issues of service connection for a sleep disorder and entitlement to a rating in excess of 30 percent for chronic obstipation (constipation) for further development.
- Denied
The Board denied service connection for an acquired psychiatric disorder, a sleep disorder, and hypertension. The claim for a rating in excess of 50 percent for bilateral hearing loss was remanded.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
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