The appeal of entitlement to service connection for sleep apnea is dismissed, and the claims for service connection for chronic sinusitis and a compensable initial rating for allergic rhinitis are denied.
The deciding factor: The September 2024 NOD was not timely filed as it was received more than one year after the January 2016 rating decision, which addressed the claim of service connection for sleep apnea. The evidence does not support a finding that chronic sinusitis or allergic rhinitis is related to the Veteran's military service.
- Claimed conditions
- sleep apnea, chronic sinusitis, allergic rhinitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035782
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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