The Board denied the Veteran's claim for an earlier effective date for service connection for asthma with obstructive sleep apnea, finding that the Veteran did not file his supplemental claim within one year of the December 2019 rating decision due to a lack of concurrent or prior filing of a request for extension of time.
The deciding factor: The Board found that the Veteran's request for an earlier effective date was denied because it was not filed in compliance with the requirements set forth by 38 C.F.R. § 3.109(b) and VBA Policy Letter 20-02 regarding the timing of extension requests.
- Claimed conditions
- Asthma, Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2024
- Citation
- A24024881
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 A24024881.
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.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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