The Veteran's appeals for increased ratings and effective dates have been dismissed as no adequate substantive appeal has been submitted.,The October 2012 rating decision denying service connection for obstructive sleep apnea is reopened due to the submission of new and material evidence.
The deciding factor: No substantive appeal was filed with respect to the Veteran's claims, thus the Board lacks jurisdiction to consider them.
- Claimed conditions
- Degenerative Arthritis with Patellofemoral Syndrome of the Left Knee, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity, Instability of the Left Knee, Limitation of Motion of the Left Index Finger, Bilateral Pes Planus (Plantar Fasciitis), Tendonitis of the Right Ankle, Tendonitis of the Left Ankle, Left Great Toe Condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186054
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (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 19186054.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
- Granted
The Veteran's low back disability is granted service connection.,Service connection for radiculopathy of the left and right lower extremities are also granted.
- Denied
The Board denied an increased rating for PTSD, a TDIU prior to July 13, 2019, and increased ratings for the lumbar spine disability and radiculopathy of the left lower extremity.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.