The appeal concerning the issues of entitlement to service connection for obstructive sleep apnea and diverticulitis is dismissed due to the Veteran's death during the pendency of the appeal.
The deciding factor: The appeal was dismissed as a matter of law due to the Veteran's death while the appeal was pending before the Board of Veterans' Appeals.
- Claimed conditions
- obstructive sleep apnea, diverticulitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2025
- Citation
- 25008531
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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