The Veteran's claim for service connection for obstructive sleep apnea was dismissed due to his withdrawal. The Board also remanded the issues of service connection for an acquired psychiatric disability and a lumbar strain.
The deciding factor: The Veteran withdrew his appeal regarding service connection for obstructive sleep apnea, leading to its dismissal.
- Claimed conditions
- obstructive sleep apnea, major depressive disorder, posttraumatic stress disorder (PTSD), anxiety disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19126423
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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