The Veteran's claim for an earlier effective date for the grant of a 50 percent evaluation for obstructive sleep apnea with COPD is denied. The effective date cannot be earlier than August 26, 2018 as it was more than one year after his separation from service.
The deciding factor: The Veteran's claim for an earlier effective date for the grant of a 50 percent evaluation for obstructive sleep apnea with COPD is denied because the claim was received more than one year after his separation from service, and there is no provision in the law for awarding an earlier effective date based simply on the presence of the disability.
- Claimed conditions
- obstructive sleep apnea, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- May 15, 2020
- Citation
- A20008705
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 A20008705.
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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
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