The Board granted reversal or revision of the April 2020 rating decision on the basis of CUE and assigned an effective date of June 20, 2008, for the award of service connection for OSA.
The deciding factor: The April 2020 rating decision did not correctly apply the law in assigning an effective date and was revised to grant an earlier effective date based on new and material evidence constructively received within the appeal period.
- Claimed conditions
- OSA
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 30, 2025
- Citation
- A25048061
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 remands the claims for service connection for a respiratory disability other than OSA and OSA due to inadequate VA examinations and the need for additional evidence.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining outstanding VA treatment records and addressing the Veteran's contention that his service-connected disabilities prevent him from maintaining employment.
- Dismissed
The appeals for service connection and rating of various conditions were dismissed due to untimely filing of the VA Form 10182 within one year of the respective rating decisions, with no good cause shown.
- Dismissed
The veteran's requests to switch dockets and appeals for service connection were denied as untimely, with no good cause shown.
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