The Board denied the Veteran's appeal for an earlier effective date for service connection for obstructive sleep apnea, as no new and material evidence was received prior to the expiration of the appeal period.
The deciding factor: The December 2016 records were not considered new and material evidence because they did not provide any information that was not previously submitted. The Veteran's claim was first communicated on February 22, 2021, which is when the effective date for service connection was assigned.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2025
- Citation
- A25054803
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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