The Veteran's service connection claim for insomnia is dismissed as the issue is moot since her sleep apnea already encompasses her insomnia. The Veteran's asthma and adjustment disorder with mixed anxiety and depressed mood are not entitled to higher ratings.
The deciding factor: The Veteran's insomnia does not constitute a distinct disability in its own right, being encompassed by her service-connected sleep apnea and psychiatric disorder.
- Claimed conditions
- Insomnia, Asthma, Adjustment Disorder with Mixed Anxiety and Depressed Mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2021
- Citation
- 21031328
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 21031328.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions in the current file, and thus the Veteran's claim for service connection for an acquired psychiatric disability will be reconsidered with new evidence.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's appeal for an increased rating of 70 percent for service-connected Adjustment Disorder with Mixed Anxiety and Depressed Mood is granted. The remaining issues are remanded for further evaluation.
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