The appeal for a disability rating in excess of 20 percent for degenerative changes of the thoracolumbar spine is dismissed.,Two issues on appeal are remanded: entitlement to an initial disability rating in excess of 30 percent prior to April 23, 2013, and in excess of 50 percent therefrom for obstructive sleep apnea; and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to October 1, 2020.,The issue of an earlier effective date for the award of service connection for obstructive sleep apnea is denied.
The deciding factor:
- Claimed conditions
- degenerative changes of the thoracolumbar spine, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2023
- Citation
- 23003696
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 23003696.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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