The Veteran's claim for a rating in excess of 50 percent for sleep apnea is dismissed. A 60 percent rating for brachio-radial pruritus/urticaria is granted subject to the laws and regulations governing the award of monetary benefits. The claims for service connection for left ankle, elbow, and hand disabilities are remanded.
The deciding factor: The Veteran withdrew his appeal regarding the increased rating for sleep apnea during a hearing before the Board. The claim for brachio-radial pruritus/urticaria is granted with a 60 percent rating under old criteria due to recurrent debilitating episodes despite continuous immunosuppressive therapy (Gabapentin). The claims for service connection are remanded as there is uncertainty about whether the joint pain represents undiagnosed illnesses or other conditions.
- Claimed conditions
- {"condition_name":"Sleep Apnea"}, {"condition_name":"Brachio-radial pruritus/urticaria"}, {"condition_name":"Left ankle disability (claimed as painful joints)"}, {"condition_name":"Left elbow disability (claimed as painful joints)"}, {"condition_name":"Right elbow disability (claimed as painful joints)"}, {"condition_name":"Right-hand disability (claimed as painful joints)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 7, 2020
- Citation
- A20018020
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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