The Veteran's appeals for higher ratings and earlier effective dates for MDD and sleep apnea have been dismissed due to the absence of an adequate substantive appeal.,The Veteran's attorney withdrew all claims for earlier effective dates, but did not provide specific errors or legal basis in support of any of the underlying claims.
The deciding factor: No specific errors of fact or law were provided in the Veteran's appeals and the claims are dismissed as a result.
- Claimed conditions
- Major Depressive Disorder (MDD), Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20003149
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Denied
The Board denied service connection for various conditions, including GAD, MDD, PTSD, bilateral hearing loss, tinnitus, and foot disabilities. The claim for NSC pension benefits was dismissed as moot due to a higher disability rating.
- Granted
The Board granted an effective date of June 21, 2024, for the award of service connection for major depressive disorder (MDD).
- Partly granted
The Board granted an effective date of April 3, 1982 for the 70 percent rating for major depressive disorder (MDD), but denied an earlier effective date for a total disability rating based on individual unemployability (TDIU).
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.