The appeal of entitlement to service connection for obstructive sleep apnea was dismissed due to an improper concurrent election, while the other issues were remanded for further development.
The deciding factor: The June 2024 Notice of Disagreement (NOD) was an improper concurrent election as it sought to appeal the issue of service connection for OSA while also previously seeking higher-level review (HLR).
- Claimed conditions
- Obstructive Sleep Apnea, Ear Condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2025
- Citation
- A25035817
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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