The Board denied an earlier effective date for the grant of service connection for obstructive sleep apnea with restrictive airway disease, as it was granted under the PACT Act and thus is entitled to an August 10, 2022 effective date.
The deciding factor: The decision was based on the fact that claims granted under the PACT Act will be effective no earlier than August 10, 2022, the date of enactment.
- Claimed conditions
- obstructive sleep apnea with restrictive airway disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033228
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the matter to obtain a VA opinion to determine which disability, obstructive sleep apnea or restrictive airway disease, was predominant from November 8, 2012 to May 22, 2022.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Granted
The Veteran is granted an effective date of August 10, 2022, for the grant of service connection for sinusitis based on the PACT Act.
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