The Veteran's appeal seeking a higher rating for his service-connected insomnia has been dismissed due to non-compliance with essential claims-processing rules. The issue was already pending within the legacy review system and a new claim was improperly submitted.
The deciding factor: The Veteran filed a supplemental claim, which was interpreted as an increase in evaluation request, while their original appeal was still pending in the legacy system.
- Claimed conditions
- Insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2024
- Citation
- A24065433
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24065433.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
- Denied
The Veteran's claim for a separate disability rating for insomnia is denied as it is subsumed under his service-connected PTSD.,The effective date for the grant of service connection for PTSD is denied as no new and material evidence was submitted within one year of the July 1986 denial, making the June 9, 2017, claim without legal merit.,The effective date for the grant of service connection for OSA is denied as no new and material evidence was submitted within one year of the April 2013 denial, making the June 9, 2017, claim without legal merit.
- Granted
The Veteran's service connection claim for insomnia is granted as the evidence supports a finding that his current insomnia began during and has continued since service, and was at least as likely as not caused by service.
- Granted
The Board has granted a 70 percent disability rating for the Veteran's service-connected MDD, including insomnia and anxiety disorder, effective from November 13, 2024. The decision concludes that the Veteran's symptoms have most nearly approximated occupational and social impairment with deficiencies in most areas.
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