The Board denied the Veteran's claims for earlier effective dates and initial ratings, finding that there was no basis to grant these requests based on the evidence of record. The Veteran's sleep apnea disability was granted service connection with an effective date of March 18, 2016, which is not earlier than this date. Initial rating claims for headaches and TBI residuals were denied as they are already at their maximum schedular ratings. Ratings for medial tibial stress syndrome in the lower extremities prior to November 6, 2020, were granted.
The deciding factor: The effective dates of service connection cannot be earlier than March 18, 2016, as there is no evidence that a formal or informal claim was filed before this date. The Veteran's headaches and TBI residuals are already at their maximum schedular ratings (50% for headaches and 10% for both lower extremities).
- Claimed conditions
- sleep apnea, headaches, residuals of traumatic brain injury (TBI), medial tibial stress syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 1, 2024
- Citation
- A24035132
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. Read the original VA decision (opens in a new tab) using citation A24035132.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Whole decision: 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.
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