These Law Judges, attorneys experienced in veterans law and in … 38 U.S.C.A. The claim is denied by the regional office on February 1, 2012 and appealed, then later remanded by the Board of Veterans’ Appeals on March 1, 2015, and then ultimately granted by the regional office on April 1, 2017 at a … In August 2009, a VA examiner opined that sleep apnea was not caused by or a result of service, noting that service treatment records (STRs) did not show that sleep apnea symptoms were reported in service… §§ 1110, 1131, 1132, 5103A, 5107 (West 2014); 38 C.F.R. Generally, an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later. … The Board of Veterans’ Appeals (BVA) is a part of the VA that conducts hearings and makes decisions on veterans’ claims for benefits. * The BVA grants service connection. In February 2009, a VA regional office (RO) granted service connection for depressive disorder. The BVA may even request another C&P exam or medical opinion of the veteran’s injury to have the issue addressed by a doctor. Rather than weigh in on the disability rating or whether the hip injury was service-connected, the BVA will ask the RO to collect medical evidence of the current condition of the hip injury. This is how it happens: 2. I’ve seen open and pending claims 40 – or more – years before the current grant of service connection. The critical difference is that when the evidence establishes that a veteran has a chronic condition listed in 38 C.F.R. There is no statutory authority for the BVA to do anything other than those 3 actions: Refer, Remand, or Adjudicate But what the BVA has been doing for years - in up to an estimated 5,000+ appeals in 2013 alone - is "punting" on issues that are before it. The BVA often says that they have looked for open and … For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those … In the event of an increased rating claim, however, the Board will assign the veteran a specific rating and instruct the RO to determine … 3.309(a), the service connection may be granted, and VA benefits paid, on lay testimony alone, by testifying credibly that he or she had continuous symptoms from discharge to … For example, the Board may grant service connection, but the file is sent back to the RO to determine the effective date of the claim as well as the disability rating warranted. REASONS AND BASES FOR FINDINGS AND CONCLUSION Sleep Apnea Service connection may be granted for disability caused by disease or injury incurred in or aggravated by active service. This is how it happens: * The BVA grants service connection. R. at 32. This appeal is an example of a very common BVA mistake in an appeal seeking service connection for arthritis. When a veteran is granted service connection by the VA, they are supposed to look for any open and pending claims seeking the same benefit. Direct Service-Connection. I hate that its that way. §§ 3.102, 3.159, 3.303, 3.304 (2016). The Board of Veterans' Appeals (also known as 'BVA' or 'the Board') is a part of the VA, located in Washington, D.C. Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. In the context of the VA appeals process, veterans can appeal to the Board by filing a VA Form 9 in response to a Statement of the Case issued by the VA regional office. * It is silent on the issues of Impairment Ratings and Effective Dates – 2 of the 4 pillars of EVERY VA claim for service connection. Take, for example, a claim to entitlement to service-connected back disability filed on January 1, 2010. The BVA notes some testimony that a veteran experienced symptoms of arthritis during service or after service. The BVA decision by Veterans Law Judge Michelle L. Kane was vacated and remanded for the BVA to fix its errors. But what the BVA has been doing for years – in up to an estimated 5,000+ appeals in 2013 alone – is “punting” on issues that are before it.

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