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
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