The Veteran's appeals for service connection for dyspepsia and dysthymic disorder have been dismissed as the Veteran withdrew his appeals.,Service connection for sleep apnea was denied in an unappealed November 2012 rating decision, and new evidence received since then does not raise a reasonable probability of substantiating the claim. Service connection for an undiagnosed illness claimed to manifest as muscle aches, sleep disturbances, fatigue, moodiness, and sore joints has been reopened due to new evidence.
The deciding factor: The Veteran withdrew his appeals for service connection for dyspepsia and dysthymic disorder during the November 2019 hearing.,New evidence received since the November 2012 denial of service connection for sleep apnea is cumulative or redundant, and does not raise a reasonable probability of substantiating the claim. Evidence received since the November 2012 denial of service connection for an undiagnosed illness claimed to manifest as muscle aches, sleep disturbances, fatigue, moodiness, and sore joints is new and triggers a duty to assist.
- Claimed conditions
- dyspepsia, dysthymic disorder, sleep apnea, undiagnosed illness (manifested as muscle aches, sleep disturbances, fatigue, moodiness, and sore joints), back stiffness and joint disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2020
- Citation
- 20061216
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20061216.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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