Granted
The Board granted an earlier effective date of January 3, 2009, for the award of service connection for obstructive sleep apnea based on a VA treatment record from May 20, 2009, which was constructively received and considered new and material evidence.
The deciding factor: The Board concluded that the May 2009 rating decision is not final due to the constructive receipt of a VA treatment record indicating a diagnosis of sleep apnea within one year of separation from active duty. This evidence constitutes new and material evidence, allowing for an earlier effective date.
- 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
- November 6, 2025
- Citation
- A25096681
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