The Board dismissed the appeals for service connection for obstructive sleep apnea, left knee pain, patellofemoral syndrome, and recurrent dermatitis/eczema of the posterior neck and bilateral hands due to untimely Notice of Disagreement (NOD) filings.
The deciding factor: The NODs were not timely filed within one year of the respective rating decisions, and there was no valid basis for waiving this requirement.
- Claimed conditions
- obstructive sleep apnea, left knee pain, patellofemoral syndrome, recurrent dermatitis/eczema of the posterior neck and bilateral hands
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2025
- Citation
- A25036785
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- 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.
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