The appeals for service connection for diabetes and a cardiac disorder are dismissed. Service connection for sleep apnea is granted, but the Veteran's TDIU appeal remains pending.
The deciding factor: The Veteran withdrew his claims for diabetes and a cardiac disorder prior to their decision being made. His sleep apnea was found to be caused by or permanently worsened in severity by service-connected right knee, right hip, and lower back disabilities.
- Claimed conditions
- diabetes, atriial fibrillation, cardiac disorder, sleep apnea, right knee strain, lumbosacral strain, right femoral neck limitation of extension, right lower extremity radiculopathy, right femoral neck limitation of flexion
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148056
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- 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.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- 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.
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