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
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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