The Veteran's claims for service connection were denied in a February 2019 rating decision. The appeal was improperly docketed and dismissed due to non-compliance with essential claims-processing rules.
The deciding factor: The appeal was improperly docketed based on the Veteran filing a Decision Review Request: Board Appeal (Notice of Disagreement) on VA Form 10182, which applies to the modernized review system but not the legacy system. The form was filed more than one year after the notice of the February 2019 rating decision.
- Claimed conditions
- chronic obstructive sleep apnea, osteoarthritis of the left big toe, metatarsalgia with heel spur of the right foot (claimed as osteoarthritis of the right big toe)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2024
- Citation
- A24026377
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 A24026377.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete development and potential issues with the medical opinions provided. The claims are being returned to the Regional Office for further action.
- Remanded (sent back)
The Veteran's claims for increased ratings for chronic obstructive sleep apnea and bronchitis with calcified hilar lymph node, as well as right knee arthritis and patellofemoral syndrome, are being remanded due to the need for additional development regarding diagnoses and etiology.
- Granted
The Board has determined that the Veteran's chronic obstructive sleep apnea had its initial onset during his active duty, and service connection is granted.
- Granted
The Board has determined that the Veteran's chronic obstructive sleep apnea is related to his service, and thus grants service connection for this condition.
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