The Veteran has withdrawn his appeals for increased disability evaluations for obstructive sleep apnea with asthma and major depressive disorder with anxiety, both currently rated at 50% and 70%, respectively. As a result, the claims are dismissed.
The deciding factor: The appellant (Veteran's representative) withdrew the appeal of the claims in writing prior to the Board's decision.
- Claimed conditions
- obstructive sleep apnea with asthma, major depressive disorder with anxiety
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2019
- Citation
- 19193123
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 19193123.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Dismissed
The Board dismissed the claims for a compensable rating for headaches, an increased rating for PTSD and obstructive sleep apnea with asthma, as well as denied service connection for various conditions including allergies, bronchiectasis, nasal polyps, nausea, severe anxiety, severe depression, sexual dysfunction, suicidal ideations, and vertigo.
- Partly granted
The Board granted restoration to a 30 percent rating for migraine including migraine variants and tension headaches, but denied increased ratings for other conditions.
- Granted
The Board granted an effective date of January 25, 2011, for the grant of service connection for obstructive sleep apnea with asthma.
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