The Veteran's appeal for service connection of major depressive disorder was withdrawn. Service connection for right and left ear hearing loss, left knee chondromalacia, skin disability, spondylosis of the back, and sleep apnea were granted. The Veteran's appeals for head injury residuals (right and left shoulders), right shoulder disability, and left shoulder disability were denied.
The deciding factor: The Veteran withdrew his appeal for service connection of major depressive disorder. Service connection was established for hearing loss in both ears, left knee chondromalacia, skin disability, spondylosis of the back, and sleep apnea based on direct evidence of a nexus to service. The appeals for head injury residuals (right and left shoulders), right shoulder disability, and left shoulder disability were denied as there was no current diagnosis or established link to service.
- Claimed conditions
- Major depressive disorder, Right ear hearing loss, Left ear hearing loss, Left knee chondromalacia, Skin disability, Spondylosis of the back, Sleep apnea, Headaches, Gastroesophageal reflux disease (GERD), Right shoulder disability, Left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 12, 2019
- Citation
- 19193542
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (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 19193542.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
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