The appeal of evaluation for obstructive sleep apnea with left phrenic nerve paralysis associated with diabetes mellitus is dismissed. The Board has remanded the issue of service connection for trigeminal neuralgia.
The deciding factor: The Veteran's claim for evaluation of obstructive sleep apnea was dismissed due to untimely filing, while his claim for service connection for trigeminal neuralgia was remanded due to a duty-to-assist error and need for additional medical opinions.
- Claimed conditions
- obstructive sleep apnea, left phrenic nerve paralysis, diabetes mellitus, trigeminal neuralgia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- September 24, 2024
- Citation
- A24060410
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 A24060410.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
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.