The veteran's appeal for service connection for a ventral abdominal wall hernia was dismissed. The Board found that the veteran withdrew his appeal as to this issue prior to the decision being made. For the issue of sleep apnea, the Board granted service connection based on evidence showing it is related to military service.
The deciding factor: The veteran's wife observed symptoms of obstructive sleep apnea while he was in service and provided competent lay testimony regarding her observations. The medical records show that the veteran repeatedly complained of sleep disturbances during service and after separation, with a diagnosis of obstructive sleep apnea made within four months of his discharge.
- Claimed conditions
- ventral abdominal wall hernia, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2007
- Citation
- 0704038
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 0704038.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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