The appeal for increased ratings and earlier effective dates for various conditions, including radiculopathy of the right upper extremity, left lower extremity (femoral nerve), obstructive sleep apnea, sinusitis, allergic rhinitis, and migraine headaches, was dismissed. The Board also remanded claims for initial disability ratings.
The deciding factor: The appellant withdrew his appeal for an increased rating in excess of 20 percent for right upper extremity radiculopathy, and the Board lacks jurisdiction to conduct more than one review on appeal of the effective dates and ratings for these conditions.
- Claimed conditions
- Radiculopathy of the right upper extremity, Radiculopathy of the left lower extremity (femoral nerve), Obstructive sleep apnea, Sinusitis, Allergic rhinitis, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2025
- Citation
- A25092847
Veterans Law Judge
Decisions by this judge: 785 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25092847.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
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- Granted
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- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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