Partly granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for obstructive sleep apnea, right and left lower extremity restless leg syndrome, and fatigue. The reduction of the disability rating for a migraine from 50% to 30% was found improper.
The deciding factor: The Board found that the AOJ's failure to provide proper notice of the reduction proposal violated the Veteran's due process rights, making the reduction void ab initio.
- Claimed conditions
- Migraine disability, Obstructive sleep apnea, Right lower extremity restless leg syndrome, Left lower extremity restless leg syndrome, Fatigue
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2025
- Citation
- A25020184
Want to see how appeals like this one tend to go? Appeals like mine
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