Citation Nr: 21063519
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 16-61 846
DATE: October 14, 2021

ORDER

The issue of an effective date prior to November 1, 2020, for the grant of service connection for obstructive sleep apnea with CPAP, inclusive of upper airway resistance syndrome (UARS), is dismissed without prejudice.

FINDINGS OF FACT

1. A March 2021 rating decision granted service connection for obstructive sleep apnea with CPAP, inclusive of UARS, with an evaluation of 50 percent, effective November 1, 2020.

2. A March 2021 Supplemental Statement of the Case (SSOC) that denied an effective date prior to November 1, 2020, for the grant of service connection for obstructive sleep apnea with CPAP, inclusive of UARS, was furnished in error.

CONCLUSION OF LAW

The criteria for dismissal of the issue of an effective date prior to November 1, 2020, for the grant of service connection for obstructive sleep apnea with CPAP, inclusive of upper UARS, have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from May 2002 to April 2014.  He was awarded the Iraq Campaign Medal with Campaign Star among other decorations.  The Board thanks him for his service to our country.

The Veteran testified before the undersigned Veterans Law Judge in June 2020.  A transcript of the hearing is in the Veteran's e-folder.  

In January 2021, the Board remanded a claim for service connection for a sleep disorder, to include sleep apnea, UARS and insomnia.  The March 2021 rating decision granted service connection for obstructive sleep apnea with CPAP, inclusive of UARS, with an evaluation of 50 percent, effective November 1, 2020.  

Effective date prior to November 1, 2020, for the grant of service connection for obstructive sleep apnea with CPAP, inclusive of UARS.

The March 2021 SSOC was issued on the same day as the March 2021 rating decision, and denied an effective date prior to November 1, 2020, for the grant of service connection for obstructive sleep apnea with CPAP, inclusive of UARS.

The grant of service connection for this disability represents a complete grant of benefits on appeal.  While determining the effective date and the disability rating for a granted claim in the first instance is the province of the Regional Office, the appeal does not stay active for these downstream issues.  Instead, any disagreement with these downstream issues must be separately appealed.

In this case, the Veteran did not disagree with the effective date of his award of service connection for obstructive sleep apnea with CPAP, inclusive of UARS.  Thus, the March 2021 SSOC was furnished in error. The effective date issue is not properly before the Board.

 

Consequently, no case or controversy remains within the Board's jurisdiction.  See 38 U.S.C. §§ 7104, 7105; Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  The appeal is dismissed without prejudice to the Veteran.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Davitian, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.