The Board dismissed the issue of service connection for sleep apnea because the Veteran's Notice of Disagreement was submitted under the modernized review system, which is not valid due to being untimely.
The deciding factor: The NOD was submitted more than one year after the January 2019 rating decision and thus did not meet the requirements of either the legacy or modernized appeal systems.
- Claimed conditions
- sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2024
- Citation
- A24025507
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 A24025507.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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