The Board denied the Veteran's request for an earlier effective date prior to May 8, 2014 for the grant of service connection for sleep apnea due to his untimely filing of a substantive appeal. The December 2011 rating decision denying entitlement to service connection is considered final.
The deciding factor: The Veteran's timely filed Substantive Appeal was not received within the required 60-day period from the issuance of the Statement of the Case (SOC) and did not meet VA regulations for an extension or equitable tolling. The Board found that his substantive appeal was untimely, thus denying any earlier effective date.
- Claimed conditions
- Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20008043
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
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