The Veteran's appeals for initial ratings in excess of 50 percent for obstructive sleep apnea with restless leg syndrome and an initial noncompensable rating for allergic rhinitis have been dismissed.,The Veteran has been granted TDIU based on his service-connected disabilities.
The deciding factor: The Veteran withdrew his appeals for the initial ratings assigned for obstructive sleep apnea with restless leg syndrome and allergic rhinitis during a hearing before the undersigned, indicating he no longer desires appellate review of these issues.
- Claimed conditions
- obstructive sleep apnea with restless leg syndrome, allergic rhinitis, left knee limitation of motion, left knee instability, right ankle limitation of motion, right ankle scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2020
- Citation
- 20073562
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (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 20073562.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.
- Remanded (sent back)
The Board has granted a 20% rating for diabetes mellitus type II from June 20, 2020. The right ankle scar claim is remanded due to the Veteran's failure to report for a scheduled examination. The GERD secondary to diabetes mellitus claim and TDIU issue are also remanded.
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