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Dismissed

The appeal for service connection for gout and hypothyroidism has been dismissed.,The previously denied claim for sleep apnea was reopened, but not granted.,Service connection for sleep apnea is granted as it began during the Veteran's military career.,Service connection for hypokalemia is denied as there is no evidence of a disability resulting from service.,Service connection for chronic fatigue syndrome (CFS) is denied due to lack of qualifying signs and symptoms under 38 C.F.R. § 4.88a.,Service connection for the disability manifested by chronic pain/muscle and joint pain/right arm pain is not granted as it does not meet the criteria for an undiagnosed illness in Southwest Asia.,Service connection for sinusitis is denied.

The deciding factor: The Veteran withdrew his appeal regarding service connection for gout and hypothyroidism during the hearing before the Board of Veterans' Appeals (BVA).,New evidence received since the May 2010 rating decision raised a reasonable possibility of substantiating the claim for sleep apnea.,The Veteran's sleep apnea began during his military service, and there is no evidence that it was not caused by service.,There is no evidence of hypokalemia resulting in a disability. The Veteran does not have hypokalemia at any time proximate to or during the appeal period.,The weight of probative evidence does not support a finding that the Veteran's diagnosed left shoulder strain had its onset in service, or is otherwise related to his military service.,There is no current diagnosis of chronic fatigue syndrome. The Veteran has not provided sufficient evidence to meet the criteria for this condition under 38 C.F.R. § 4.88a.,The disability manifested by chronic pain/muscle and joint pain/right arm pain does not qualify as an undiagnosed illness due to service in Southwest Asia.

Claimed conditions
gout, hypothyroidism, sleep apnea, hypokalemia, chronic fatigue syndrome (CFS), a disability manifested by chronic pain/muscle and joint pain/right arm pain, sinusitis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 11, 2019
Citation
19144760

Veterans Law Judge

MATTHEW W. BLACKWELDER

Decisions by this judge: 2,329 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 19144760.

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

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