Remanded (sent back)
The Board partially vacated its previous decision dismissing the veteran's claim for sleep apnea due to a procedural issue. The veteran has 60 days to provide additional evidence or argument.
The deciding factor: The Board found that the one-year deadline to file a legacy NOD is not a jurisdiction bar but a mandatory claims-processing rule, and the veteran was not afforded due process.
- Claimed conditions
- sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2025
- Citation
- A25002299
Want to see how appeals like this one tend to go? Appeals like mine
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.