The Board dismissed the earlier effective date claim for an initial or increased rating due to lack of specific error of fact or law in the determination being appealed. The Veteran's claims for service connection were not addressed on the merits as no initial or increased evaluations were granted.
The deciding factor: There was no allegation of any specific error of fact or law in the determination being appealed, thus the Board does not have jurisdiction to review this appeal and it is dismissed.
- Claimed conditions
- fatigue, muscle and joint pain, skin disorder (tinea versicolor), sleep disorder/respiratory condition (obstructive sleep apnea)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2010
- Citation
- 1015999
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 1015999.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including left leg shin splints, right leg shin splints, joint pain (claimed as arthritis), sleep apnea, fatigue, neck condition, acne, and lung condition. The evidence did not show a current disability or link to military service.
- Remanded (sent back)
The Board has granted service connection for cardiac autonomic neuropathy (CAN) and remanded the secondary service connection claims for GERD, hypertension, sleep apnea, gastritis, headaches, and fatigue as secondary to CAN.
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