The Board has determined that the Veteran's appeal to establish earlier effective dates for service connection and Dependents' Educational Assistance benefits was timely filed, as his Substantive Appeal was submitted within two months of the issuance of the Statement of the Case (SOC) and included a request for an extension due to COVID-19 relief.
The deciding factor: The Board found that the Veteran's Substantive Appeal was timely filed based on the inclusion of a request for an extension due to COVID-19 relief, which was submitted within two weeks after the traditional 60-day deadline and contemporaneously with his appeal submission.
- Claimed conditions
- bilateral pes planus, plantar fasciitis, obstructive sleep apnea (OSA), chronic allergic rhinitis, chronic sinusitis with nasopharynx and uvula enlargement, loss of smell, loss of taste
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 9, 2021
- Citation
- A21019666
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 A21019666.
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.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
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