The Veteran's claim for an effective date earlier than August 30, 2015 for the award of service connection for sleep apnea with asthma was denied. The Board also remanded the issue of entitlement to a disability rating in excess of 50 percent for sleep apnea with asthma due to the need for further evaluation.
The deciding factor: The Veteran did not file an informal claim, a formal claim, or express intent to file a claim prior to August 30, 2015. The Board found that no effective date earlier than August 30, 2015 was warranted as the Veteran had not submitted any documentation indicating her intent to apply for service connection.
- Claimed conditions
- sleep apnea, asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2020
- Citation
- 20038089
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 20038089.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- 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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