The veteran withdrew his appeal for a higher disability rating for obstructive sleep apnea with asthma, and the Board dismissed the claim.
The deciding factor: The Veteran requested to withdraw his appeal before the Board promulgated a decision on the matter.
- Claimed conditions
- obstructive sleep apnea (OSA) with asthma
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044378
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a 60 percent rating for the Veteran's obstructive sleep apnea (OSA) with asthma disability, effective November 10, 2023.
- Denied
The Board denied a rating in excess of 50 percent for obstructive sleep apnea (OSA) with asthma, as the Veteran's condition did not meet the criteria for a higher rating.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 50 percent for obstructive sleep apnea with asthma due to a pre-decisional duty-to-assist error in not obtaining private treatment records.
- Denied
The Board denied the veteran's claim for a rating higher than 50% for obstructive sleep apnea with asthma. The decision was based on the lack of evidence showing chronic respiratory failure, carbon dioxide retention, cor pulmonale, or the need for a tracheostomy.
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