The Veteran's appeals for service connection for nasal polyps and an initial compensable evaluation for obstructive sleep apnea prior to July 8, 2013, and higher than 50 percent thereafter have been dismissed. The appeal for a higher rating for lumbar spine degenerative joint and disc disease is remanded. The appeal for a higher rating for left lower extremity radiculopathy is also remanded.
The deciding factor: The Veteran withdrew his appeals for nasal polyps and obstructive sleep apnea prior to July 8, 2013, and higher than 50 percent thereafter at the January 2019 Board hearing.
- Claimed conditions
- nasal polyps, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2019
- Citation
- 19106558
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.