The Veteran withdrew his appeal for a rating in excess of 60 percent for asthma with sleep apnea, and the Board has no jurisdiction to review this issue.
The deciding factor: The appeal was withdrawn by the Veteran prior to the promulgation of a decision, as evidenced by a telephone call and VA Form 27-0820.
- Claimed conditions
- asthma with sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2025
- Citation
- A25038683
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for tinnitus, asthma with sleep apnea, and a left knee disability. It also granted ratings of 10 percent for certain conditions but denied an increased rating for bilateral acquired pes cavus (claw foot) and denied an evaluation in excess of 70 percent for generalized anxiety disorder with panic attacks.
- Partly granted
The appeal was granted for eligibility to direct payment of attorney fees based on past-due benefits awarded in the January 2024 rating decision for service connection for asthma with sleep apnea, but denied for SMC and DEA.
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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.