The Veteran's appeals for service connection on multiple conditions have been dismissed. The appeal regarding the cervical spine disability is still pending as new and material evidence has not been received. Appeals for OSA, right hip, and right shoulder disabilities are remanded due to lack of medical opinion linking these conditions to service or service-connected disabilities. The Veteran's request for a higher rating on his right knee disability and SMC based on aid and attendance is also remanded.
The deciding factor: The appeals have been dismissed as the Veteran withdrew his appeal regarding hypertension and respiratory disability, and new and material evidence has not been received to reopen the cervical spine disability claim.
- Claimed conditions
- Hypertension, Respiratory disability, Cervical spine disability, Obstructive sleep apnea (OSA), Right hip disability, Right shoulder disability, Right knee disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070617
Veterans Law Judge
Decisions by this judge: 237 · Granted: 39% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20070617.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Denied
The Board has denied service connection for hypertension and has remanded the issue of an increased rating for skin condition.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
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