The Board dismissed the appeals concerning whether new and material evidence had been received to reopen claims of entitlement to service connection for obstructive sleep apnea, arthritis, bilateral upper neuropathy, bilateral lower neuropathy, diabetes mellitus, and heart disease. The appellant's claims were denied as there was no evidence of exposure to toxic chemicals while at Fort McClellan, Alabama.
The deciding factor: The new evidence did not show the appellant had been exposed to any herbicide or chemical agents during service, which is required for service connection.
- Claimed conditions
- obstructive sleep apnea, arthritis, bilateral upper neuropathy, bilateral lower neuropathy, diabetes mellitus, heart disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- 19185027
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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