The appeal for the claim of entitlement to compensation under 38 U.S.C.A. § 1151 for additional disability described as shortness of breath and a sleep disorder was withdrawn by the appellant.
The deciding factor: The appellant's appeal was withdrawn prior to the promulgation of a decision, thus there are no allegations of errors of fact or law in this particular issue for appellate consideration.
- Claimed conditions
- shortness of breath, sleep disorder, cardiac disease (mitral insufficiency and congestive heart failure)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904718
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Partly granted
The Board granted service connection for a chronic undiagnosed illness manifested by bilateral leg pain, bilateral hand tremors, sinus problems, shortness of breath and recurrent transient ear noise due to Gulf War service. Service connection was denied for CFS.
- Remanded (sent back)
The Board remands the issues of service connection for a sleep disorder and entitlement to a rating in excess of 30 percent for chronic obstipation (constipation) for further development.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions due to a need for additional development, including obtaining medical opinions considering all toxic exposure risk activities (TERAs) under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022.
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