The appeal concerning the issues of entitlement to service connection for obstructive sleep apnea and chronic obstructive pulmonary disease (COPD) is dismissed.
The deciding factor: The May 2024 VA Form 10182 was an impermissible concurrent election as to the issue of entitlement to service connection for obstructive sleep apnea; there is no case or controversy for the claim of service connection for COPD.
- Claimed conditions
- Obstructive Sleep Apnea, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2025
- Citation
- A25052111
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
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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.