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.,Service connection for chronic fatigue syndrome (CFS) is denied due to lack of service in Southwest Asia and insufficient evidence of symptoms.,Service connection for a disability manifested by chronic pain/muscle and joint pain/right arm pain is denied.,Service connection for sinusitis is denied.
The deciding factor: The Veteran withdrew his appeal regarding gout and hypothyroidism during the hearing before the Board.,New evidence received since May 2010 rating decision raised a reasonable possibility of substantiating sleep apnea, but it did not meet reopening criteria due to lack of service in Southwest Asia.,Sleep apnea began during military service and is considered related to service.,There is no evidence of hypokalemia as a disability. The Veteran's low potassium levels are treated with supplements.,The Veteran does not have chronic fatigue syndrome, and the claim was denied due to lack of service in Southwest Asia.,No current diagnosis of chronic pain/muscle and joint pain/right arm pain has been established, and there is no evidence linking it to service.,Sinusitis is not considered a disability for VA compensation purposes.
- 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
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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