The Board dismissed the claims for service connection for migraine headaches and sleep apnea, as these issues were not addressed in any rating decision during the appeal period. The claim for an increased initial rating for a mental health condition was remanded for further development.
The deciding factor: The issues of service connection for migraine headaches and sleep apnea were dismissed due to lack of adjudication by the agency of original jurisdiction within the one-year period prior to the notice of disagreement, while the increased rating claim was remanded due to an inadequate VA examination that failed to address the Veteran's sleep apnea condition.
- Claimed conditions
- migraine headaches, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2025
- Citation
- A25042115
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- 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.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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