The Veteran's appeal on the issue of whether new and material evidence has been received to reopen a claim for cervical spine disorder is dismissed. The Veteran's claim for service connection for sleep apnea is granted.
The deciding factor: The Veteran's current diagnosis of sleep apnea had its onset during his active duty service, supported by lay testimony from fellow servicemembers and the Veteran's spouse.
- Claimed conditions
- Cervical spine disorder, Sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2018
- Citation
- 18104343
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 18104343.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for service connection for a cervical spine disorder and psychiatric disorder due to incomplete information. The Veteran needs to provide his complete service personnel records, verify his alleged combat experience in Vietnam, and undergo VA examinations for both conditions.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a causal relationship between his current condition and his military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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