The Veteran has withdrawn his appeals for increased disability evaluations for obstructive sleep apnea with asthma and major depressive disorder with anxiety, both currently rated at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
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (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 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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Granted
The Veteran's claims for increased ratings and effective dates prior to November 22, 2023, for pansinusitis and allergic rhinitis have been granted. The claims for service connection for migraine headaches and obstructive sleep apnea with asthma were also granted with an effective date of June 21, 2016.
- Remanded (sent back)
The Veteran's service-connected disabilities do not result in the need of personal care services, and his PCAFC request was denied. The Board finds that the AOJ did not provide proper notice and reasoning for the denial, and thus remands the case to obtain a new determination based on updated regulations.
- Denied
The Veteran's claim for a rating in excess of 70 percent for his major depressive disorder with anxiety was denied. His claim for TDIU based on service-connected acquired psychiatric disability was granted, but subject to regulations governing the payment of monetary awards.
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