The appeal for service connection for COPD, asthma, chronic sinusitis, and obstructive sleep apnea was dismissed due to a procedural error in the filing of concurrent review requests.
The deciding factor: The April 2025 NOD is an impermissible concurrent election as it was docketed prior to adjudication of the March 2025 NOD without first withdrawing that pending review request, violating claims processing rules.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD), asthma, chronic sinusitis, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2025
- Citation
- A25047534
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
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