The appeal for service connection for obstructive sleep apnea (OSA) under the Appeals Modernization Act is dismissed as it was improperly docketed and should remain in the legacy system.
The deciding factor: The appeal cannot be processed under the AMA framework due to lack of opt-in indication from the Veteran or Appellant, thus it must be dismissed and addressed separately under the legacy system.
- Claimed conditions
- obstructive sleep apnea (OSA)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2024
- Citation
- A24073270
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.