The Board dismissed the appeal for service connection of a memory disorder. The Veteran's migraines are granted with a 50% rating, effective from initial entitlement. Service connection for sleep apnea is denied as there is no current diagnosis and it is not at least as likely as not related to in-service events or diseases.
The deciding factor: The Veteran withdrew his appeal of service connection for memory disorder before the Board could make a decision. The migraines are rated 50% disabling based on very frequent, completely prostrating and prolonged attacks productive of severe economic inadaptability. Service connection for sleep apnea is denied as there is no current diagnosis and it is not at least as likely as not related to in-service events or diseases.
- Claimed conditions
- memory disorder, migraines, sleep apnea, low back pain, anxiety disorder, fibromuscular dysplasia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 2, 2019
- Citation
- 19160078
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 19160078.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
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