The appeal pertaining to the issues of service connection for a chronic psychiatric disorder, bilateral knee condition, arthritis and tendonitis, an earlier effective date for herpes simplex, type II, and whether there was CUE in a March 2004 rating decision that denied service connection for limited use of the arms has been dismissed as moot.,The appeal pertaining to service connection for obstructive sleep apnea is granted.
The deciding factor: The Veteran's claim for service connection for a chronic psychiatric disorder, including PTSD and depression, was resolved through the February 2021 rating decision which granted service connection for persistent depressive disorder with anxious distress and pure dysthymic syndrome. The effective date of this award is July 21, 2020.
- Claimed conditions
- Chronic psychiatric disorder, to include PTSD and depression, Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2021
- Citation
- A21020393
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 A21020393.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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