The veteran withdrew his appeals for the issues of entitlement to service connection for sleep apnea, temporary total evaluation under the provisions of 38 C.F.R. § 4.29 due to hospitalization for a service-connected disability in April 1999, and temporary total rating under the provisions of 38 C.F.R. § 4.30 for a period of convalescence following hospitalization in April 1999.
The deciding factor: The veteran withdrew his appeals prior to the Board's decision being issued.
- Claimed conditions
- sleep apnea, chronic obstructive pulmonary disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2003
- Citation
- 0336728
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 0336728.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Dismissed
The appeal for service connection for sleep apnea is dismissed as the benefit sought has been granted, making the case moot.
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.