Dismissed
The appeal for an earlier effective date prior to November 20, 2019, for the 50 percent evaluation for obstructive sleep apnea (OSA) was dismissed due to an improper concurrent election.
The deciding factor: The dismissal was based on a procedural defect of an impermissible concurrent election under the Administrative Mutual Agreement (AMA).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2025
- Citation
- A25023262
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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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.