The Veteran's claim for an effective date prior to May 6, 2013 for the award of service connection for sleep apnea was denied as there is no legal right to this benefit.,The Veteran's claim for an effective date prior to November 12, 2016 for the award of service connection for coronary artery disease status post bypass graft and myocardial infarction associated with herbicide exposure was also denied due to lack of current disability related to heart problems during the pendency of his initial claim.
The deciding factor: The effective date for an award based on a reopened claim cannot be earlier than the date the request to reopen was filed. The Veteran's initial application for service connection for sleep apnea was denied in November 2007, and he did not file a supplemental claim until May 6, 2013.,The evidence is persuasively against finding that the Veteran had current disability related to heart problems during the pendency of his initial claim. The Veteran's application for service connection was denied in March 2014, and he did not file a supplemental claim until November 12, 2016.
- Claimed conditions
- sleep apnea, coronary artery disease status post bypass graft and myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2024
- Citation
- A24040470
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 A24040470.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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