The Veteran's appeals for service connection on the issues of sinusitis, right shoulder condition, alopecia, and sleep disorder to include sleep apnea have been dismissed due to withdrawal by the appellant during his April 2019 hearing. The remaining claims are remanded.
The deciding factor: The appellant withdrew his appeal regarding these specific conditions during his hearing, thus the Board does not have jurisdiction over them.
- Claimed conditions
- sinusitis, right shoulder condition, sleeping disorder (included sleep apnea), alopecia, temporomandibular joint disorder, chin scar, right arm disorder, right thigh disorder, foot disorder to include pes planus, bilateral hearing loss, acquired psychiatric disorder (post-traumatic stress disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20007474
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
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