The Veteran's appeal for service connection for sleep apnea, seizure disorder, and TDIU was dismissed due to withdrawal by the Veteran. The extension of a temporary total disability rating based on convalescence for cervical spine surgery was denied. The remaining issues were remanded for further evaluation.
The deciding factor: The Veteran withdrew his appeal on the issues of entitlement to service connection for sleep apnea, seizure disorder, and TDIU prior to the issuance of a decision by the Board.
- Claimed conditions
- Cervical spine disability, Seizure disorder (claimed as secondary to cervical spine disability), Sleep apnea (claimed as secondary to cervical spine disability), Lumbar spine disability, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002543
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
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