The Veteran's appeals have been dismissed due to his request for withdrawal of all issues on appeal.
The deciding factor: The Veteran withdrew his appeals in writing and confirmed the withdrawal, meeting the criteria for a valid written withdrawal as per VA regulations.
- Claimed conditions
- major depressive disorder, cervical spine (C5-6/ C6-7), right upper extremity ulnar neuropathy, left upper extremity cubital tunnel syndrome, microscopic hematuria, hemorrhoids, headache condition, obstructive sleep apnea, low back strain/thoracolumbar spine, erectile dysfunction (secondary to prostate condition), bilateral leg cellulitis, right foot tinea pedis, left foot tinea pedis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081036
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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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.