The appeal of entitlement to service connection for obstructive sleep apnea, malignant growths of the skin (claimed as skin cancer (melanoma)), and residual scars associated with skin are dismissed due to a procedural defect in filing the claims.
The deciding factor: The March 2020 letter informing the Veteran that he needed to file his claims on the correct form was not an adjudicative determination by the Department of Veterans Affairs (VA).
- Claimed conditions
- obstructive sleep apnea, malignant growths of the skin (claimed as skin cancer (melanoma)), residual scars associated with skin cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032787
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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