The appeals for increased evaluations for peripheral neuropathy, diabetes mellitus, and high cholesterol have been dismissed as the Veteran did not allege specific errors of fact or law in his appeal.,Service connection for obstructive sleep apnea has been denied because there is no evidence that it began during service or is related to an in-service injury or disease.
The deciding factor: The appeals were dismissed due to the Veteran's failure to allege specific errors of fact or law in his appeal, and the denial of service connection for obstructive sleep apnea was based on a lack of evidence linking it to service.
- Claimed conditions
- {"condition_name":"Obstructive Sleep Apnea","diagnosis_date":null,"service_connection":false}, {"condition_name":"High Cholesterol","diagnosis_date":null,"service_connection":false}, {"condition_name":"Depressive Disorder","diagnosis_date":null,"service_connection":true}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072695
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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