The appeal for service connection for sleep apnea was dismissed due to the untimely filing of a Notice of Disagreement.
The deciding factor: The May 2024 VA Form 10182 NOD was untimely as more than one year had expired from the date of notification of the September 2015 rating decision, and no good cause was shown for the late filing.
- Claimed conditions
- sleep apnea (also claimed as snoring, daytime drowsiness, difficulty sleeping, night sweats, startle out of sleep)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032960
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for headaches and difficulty sleeping, and denied an effective date prior to June 2, 2022, for the grant of service connection for tinnitus.
- Partly granted
The Board denied service connection for respiratory conditions, bilateral upper extremity conditions, and carpal tunnel syndrome of the upper extremities but granted service connection for night sweats as they are proximately due to a service-connected condition.
- Remanded (sent back)
The Board remands the claims for further evidentiary development, including obtaining additional medical records and an opinion regarding the Veteran's prostate cancer treatment.
- Partly granted
The veteran's claims for higher ratings for sinusitis, diabetes, and allergic rhinitis were denied. A rating of 10 percent was granted for chronic bronchitis. Claims for service connection for night sweats and an earlier effective date for prostate cancer were also denied.
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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.