The appeals for service connection for left knee replacement, glaucoma, sleep apnea, polyps in the colon, and right knee arthritis are dismissed. Service connection is granted for residuals of a shell fragment wound to the right knee. The appeals for service connection for hypertension and heart disability are remanded.
The deciding factor: The Veteran's claims were dismissed as he withdrew his appeals for left knee replacement, glaucoma, sleep apnea, polyps in the colon, and right knee arthritis at his hearing before the Board of Veterans' Appeals. Service connection was granted for residuals of a shell fragment wound to the right knee.
- Claimed conditions
- left knee replacement, glaucoma, sleep apnea, polyps in the colon, residuals of a shell fragment wound, right knee, right knee arthritis, hypertension, heart disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185944
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.