The Board granted an earlier effective date of June 10, 2008, for the award of service connection for sleep apnea and asthma based on new and material evidence received within one year of a prior denial.
The deciding factor: The January 2009 rating decision that denied the Veteran's initial service connection claim is not final because VA received new and material evidence regarding the claim in the one-year appeal period following notice of that decision, allowing for an effective date based on the initial date of claim at the time of the Veteran's initial service connection award.
- Claimed conditions
- sleep apnea, asthma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2025
- Citation
- A25091759
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25091759.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
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