The Board denied an earlier effective date for the assignment of a 50 percent rating for sleep apnea and special monthly compensation (SMC) based on loss of use of a creative organ, as there was no factually ascertainable increase in the severity of the Veteran's sleep apnea prior to October 13, 2022.
The deciding factor: The evidence did not show a factually ascertainable increase in the severity of the Veteran's sleep apnea or loss of use of a creative organ within one year prior to his claims for increased rating and SMC, respectively.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2025
- Citation
- A25034052
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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