The Veteran's representative withdrew the appeal due to a complete grant of benefits for his migraine disability, leaving only three issues unresolved: depression, sleep apnea, and lumbar spine DJD. The Board dismissed these remaining issues as per the appellant’s representative's request.
The deciding factor: The appellant's representative requested withdrawal of the appeal due to a complete grant of benefits for another condition.
- Claimed conditions
- depression, sleep apnea, DJD of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181961
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (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 19181961.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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