The appeal for a disability rating in excess of 30 percent prior to May 8, 2020, and in excess of 50 percent thereafter for asthma with sleep apnea was dismissed as there were no allegations of errors of fact or law for appellate consideration.
The deciding factor: The Board found that the benefits sought on appeal had been awarded, and there remained no pending issues on appeal.
- Claimed conditions
- asthma with sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2024
- Citation
- A24069847
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew his appeal for a rating in excess of 60 percent for asthma with sleep apnea, and the Board has no jurisdiction to review this issue.
- Partly granted
The Board granted service connection for tinnitus, asthma with sleep apnea, and a left knee disability. It also granted ratings of 10 percent for certain conditions but denied an increased rating for bilateral acquired pes cavus (claw foot) and denied an evaluation in excess of 70 percent for generalized anxiety disorder with panic attacks.
- Partly granted
The appeal was granted for eligibility to direct payment of attorney fees based on past-due benefits awarded in the January 2024 rating decision for service connection for asthma with sleep apnea, but denied for SMC and DEA.
- Granted
The Veteran's service-connected disabilities, including asthma with sleep apnea, chronic kidney disease, and others, render him unable to leave his place of residence and immediate premises, thus granting special monthly compensation (SMC) based on a need for aid and attendance.
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.