The Board denied the Veteran's request for an earlier effective date prior to February 20, 2013 for service-connected obstructive sleep apnea associated with sinusitis. The effective date remains at February 20, 2013.
The deciding factor: The August 1998 claim application was interpreted as a claim for hyperlipidemia rather than a claim for a sleep disorder, and the effective date is determined by the date of the claim or the date the disability first manifested, whichever is later. The Veteran's service treatment records contained notations for hyperlipidemia.
- Claimed conditions
- Obstructive sleep apnea, Sinusitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- August 12, 2020
- Citation
- 20053420
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 20053420.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
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