The appeal of clear and unmistakable error (CUE) in the December 2020 rating decisions that denied service connection for obstructive sleep apnea and assigned an initial noncompensable disability rating for chronic renal disease was dismissed without prejudice.
The deciding factor: The CUE motions were not filed within one year of the respective rating decisions, thus they could not be considered as collateral attacks on final decisions.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Chronic Renal Disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069480
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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