The Veteran's effective date for service connection of obstructive sleep apnea is denied as it predates his Intent to File. The April 2015 rating decision, which granted right shoulder traumatic arthritis with a 10% rating, was not found to be the result of clear and unmistakable error (CUE).
The deciding factor: The effective date for service connection cannot be earlier than the date of receipt of the Veteran's Intent to File as per VA regulations. The April 2015 decision correctly applied the applicable laws and regulations at that time, including the interpretation of 38 C.F.R. § 4.59.
- Claimed conditions
- Obstructive sleep apnea, Right shoulder traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 26, 2026
- Citation
- A26017415
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 A26017415.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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