The Board dismissed the appeals for service connection for fatigue, PTSD, and migraines due to untimely filings. The appeal regarding a proposed reduction of the eczema rating was also dismissed as moot after the AOJ continued the 30 percent rating. The issue of entitlement to service connection for obstructive sleep apnea (OSA) is remanded for further development.
The deciding factor: The appeals were dismissed due to untimely filings and lack of jurisdiction over a proposed rating reduction that was not final, while the OSA claim requires additional evidence regarding weight gain as an intermediate step between service-connected disabilities and OSA.
- Claimed conditions
- fatigue, posttraumatic stress disorder (PTSD), migraines, eczema, chronic, obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- March 24, 2025
- Citation
- A25026976
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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