The Board has granted service connection for sleep apnea and recognized M.M. as the Veteran's spouse for additional dependency compensation, but only effective from February 13, 2012.
The deciding factor: The Veteran was not in possession of at least a 30 percent disability rating prior to February 13, 2012, which is when he submitted his claim for service connection and psychiatric disability. Therefore, the Board denied an earlier effective date for recognition of M.M. as the Veteran's spouse.
- Claimed conditions
- Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 9, 2020
- Citation
- A20018221
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
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