The Veteran's claim to reopen a previously denied sleep disorder claim has been withdrawn and is dismissed. The issues of service connection for an eye disorder, rating for asthma, cervical spine disability before March 13, 2017, rating for cervical spine disability since March 13, 2017, rating for gastroesophageal reflux disease with chronic gastritis (GERD), and TDIU before March 1, 2017 are remanded.
The deciding factor: The Veteran withdrew his appeal regarding reopening a claim for service connection for a sleep disorder at the hearing. The remaining issues of service connection, rating, and TDIU are being remanded due to need for additional examination and records review.
- Claimed conditions
- sleep disorder, eye disorder (including allergic conjunctivitis, pinguecula, and right eye refractive amblyopia), bronchial asthma, cervical strain and degenerative arthritis of the spine (cervical spine disability), gastroesophageal reflux disease with chronic gastritis (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2020
- Citation
- 20006714
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Granted
The Board granted service connection for left eye conjunctival squamous cell carcinoma and remanded the issue of service connection for an eye disability other than left eye conjunctival squamous cell carcinoma, to include dry eye syndrome and pinguecula.
- Remanded (sent back)
The Board remands the issues of service connection for a sleep disorder and entitlement to a rating in excess of 30 percent for chronic obstipation (constipation) for further development.
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