The Board denied the Veteran's claim for an earlier effective date prior to October 9, 2020 for the grant of service connection for OSA based on clear and unmistakable error (CUE), finding no CUE in the January 2018 rating decision.
The deciding factor: The Board found that there was no clear and unmistakable error shown in the January 2018 rating decision, which would result in a manifest change in the outcome of service connection for OSA based on direct evidence rather than CUE.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2024
- Citation
- A24037886
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 A24037886.
What this means for you
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What you can do next
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The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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