The Veteran's appeal for service connection for sleep apnea was dismissed. The effective date for a 100% rating for Hepatitis C and the earlier effective date for a 70% rating for PTSD were denied due to lack of timely notice of disagreement or request for increase, and because it is not factually ascertainable that these ratings were warranted before the specified dates.
The deciding factor: The Veteran did not file timely notices of disagreement within one year from the issuance of prior rating decisions, which precludes earlier effective dates. The Board also found that there was no evidence to support an earlier effective date for the PTSD and Hepatitis C ratings based on the lack of documented symptoms warranting such a high rating before the specified dates.
- Claimed conditions
- Hepatitis C, Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- A21016329
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 A21016329.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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