The appeal for service connection for chronic sinusitis is dismissed because it results from a prohibited concurrent election under the modernized review system. The Veteran's claim for service connection for sleep apnea, to include as secondary to PTSD and insomnia disorder, is remanded due to a pre-decisional duty to assist error.
The deciding factor: The appeal of service connection for chronic sinusitis was dismissed because it resulted from an impermissible concurrent election under the modernized review system. The issue of service connection for obstructive sleep apnea needs further examination as there was a pre-decisional duty to assist error regarding the causation and aggravation components.
- Claimed conditions
- chronic sinusitis, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2026
- Citation
- A26022922
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 A26022922.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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