The Veteran's claims for service connection were denied in a February 2019 rating decision. The appeal was dismissed because the Veteran did not file a proper Notice of Disagreement using VA Form 21-0958, which is required under VA's legacy review system.
The deciding factor: The Veteran failed to initiate an appeal by filing a proper Notice of Disagreement (NOD) on the appropriate form as required by VA regulations.
- Claimed conditions
- chronic sleep apnea, chronic osteoarthritis of left big toe, metatarsalgia with heel spur of the right foot (claimed as osteoarthritis of right big toe)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2024
- Citation
- A24027365
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 A24027365.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 decided to remand the Veteran's claim for service connection for chronic sleep apnea due to a pre-decisional error in failing to obtain a medical opinion that is sufficient to make an informed decision on the claim. The claim will be reconsidered with the provision of a medical opinion concerning the etiology of the Veteran's sleep apnea and whether it is related to toxic exposures in service.
- Partly granted
The Veteran's service connection claim for chronic sleep apnea is granted, while the claim for Bell's palsy is remanded due to inadequate examination.
- Granted
The Veteran's service-connected disabilities, including major depressive disorder with anxious distress and chronic sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a total disability rating based on individual unemployability are met.
- Dismissed
The Veteran withdrew his appeals for diabetes mellitus, type 2; depression; and REM sleep behavior disorder.
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