The Veteran's appeal for a compensable rating for sleep apnea and the issues of service connection for hearing loss, fracture right fifth metacarpal residuals, and sinus disability have been withdrawn. The Board has dismissed these claims.
The deciding factor: The Veteran withdrew his appeals for these matters in a VA Form 21-4138 received in December 2010.
- Claimed conditions
- sleep apnea, hearing loss, fracture right fifth metacarpal residuals, sinus disability, restless leg syndrome, right lower extremity, restless leg syndrome, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 25, 2011
- Citation
- 1120299
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 1120299.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- 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.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
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