The Veteran's appeals for service connection for sleep apnea and PTSD have been dismissed due to the withdrawal of the appeal by the Veteran’s representative prior to a decision being made.
The deciding factor: The Veteran withdrew their appeal before a decision could be made, thus the Board does not have jurisdiction to review these issues.
- Claimed conditions
- sleep apnea, posttraumatic stress disorder (PTSD), psychiatric disorders other than PTSD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- 20064328
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
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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.