The Board has granted the Veteran's motion for revision of the January 2005 rating decision, finding that there was clear and unmistakable error in denying service connection for insomnia. The effective date is set as November 14, 2004, which is the last day of the Veteran's active duty.
The deciding factor: The Board found that the January 2005 rating decision incorrectly applied the laws and regulations by failing to consider all evidence of record at the time, including service department records and medical treatment records that supported the occurrence of in-service symptoms and a link between service and the current diagnosed insomnia disability.
- Claimed conditions
- Insomnia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2024
- Citation
- A24047457
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 A24047457.
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.
- Remanded (sent back)
The Board has remanded the case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
- Denied
The Veteran's claim for a separate disability rating for insomnia is denied as it is subsumed under his service-connected PTSD.,The effective date for the grant of service connection for PTSD is denied as no new and material evidence was submitted within one year of the July 1986 denial, making the June 9, 2017, claim without legal merit.,The effective date for the grant of service connection for OSA is denied as no new and material evidence was submitted within one year of the April 2013 denial, making the June 9, 2017, claim without legal merit.
- Granted
The Veteran's service connection claim for insomnia is granted as the evidence supports a finding that his current insomnia began during and has continued since service, and was at least as likely as not caused by service.
- Granted
The Board has granted a 70 percent disability rating for the Veteran's service-connected MDD, including insomnia and anxiety disorder, effective from November 13, 2024. The decision concludes that the Veteran's symptoms have most nearly approximated occupational and social impairment with deficiencies in most areas.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.