Citation Nr: A24061069
Decision Date: 09/26/24	Archive Date: 09/26/24

DOCKET NO. 240813-464136
DATE: September 26, 2024

ORDER

Entitlement to service connection for obstructive sleep apnea is dismissed.

FINDING OF FACT

The August 2024 VA 10182 is not valid regarding sleep apnea because that rating decision is already on appeal to the Board via the October 2023 VA 10182. 

CONCLUSION OF LAW

The criteria for dismissal of the claim of entitlement to service connection for obstructive sleep apnea are met. 38 U.S.C. § 7105. 

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served active duty from February 1986 to August 1986, January 1988 to August 1988, and from May 1989 to June 1991. This appeal come to the Board of Veterans' Appeals (Board) from an October 2023 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). In August 2024, the Veteran filed a VA Form 10182 to the October 2023 rating decision. 

Entitlement to service connection for obstructive sleep apnea is dismissed.

Procedurally, following a February 2023 rating decision, the Veteran filed for higher-level review in April 2023. In May 2023, the RO issued a rating decision that confirmed and continued the denial of service connection. As addressed in a separate Board docket (#230508-471826) issued concurrently with this docket, the Veteran withdrew the appeal (from a May 2023 VA 10182 appealing a February 2023 rating decision) for sleep apnea in a VA 21-4138 received by VA on September 1, 2023. Later in September 2023, the Veteran filed a VA 21-526EZ and claimed service connection for sleep apnea. A few days later, also in September 2023, the Veteran filed a VA Form 20-0995 supplemental claim and listed the February 2023 rating decision. In response, in October 2023, the RO issued a rating decision that confirmed and continued the prior denial of service connection for sleep apnea. The Veteran filed a timely VA 10182 to this rating decision later in October 2023. The appeal via the October 2023 VA Form 10182, to include the issue of entitlement to service connection for sleep apnea, will be the subject of a separate, later decision from the Board. Following the October 2023 VA 10182, the Veteran filed another VA Form 10182 in August 2024 and listed the October 2023 rating decision. The August 2024 VA 10182 is not valid regarding sleep apnea because that rating decision is already on appeal to the Board via the October 2023 VA 10182 (docket #231017-345369). The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. As such, the appeal for sleep apnea based on the August 2024 VA 10182 is dismissed.

Other issues listed on the August 2024 VA 1082

The August 2024 VA 10812 also contained the issues of service connection for stoke and hypertension. 

Regarding the stroke issue, the Board does not need to dismiss this issue as it is actively being worked by the RO from a June 6, 2023 Higher Level Review (HLR) request and will the subject of a future HLR rating decision.  

Regarding the hypertension issue, this issue is already on appeal to the Board via the October 2023 VA 10182 appealing a May 18, 2023 rating decision. As such, the hypertension issue will be the subject a future Board action (docket #231017-345369). 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Dixon

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.