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Dismissed

The Veteran's appeal for diabetes mellitus type II, to include as due to alleged herbicide exposure, is dismissed.,The Veteran's claim of service connection for tinnitus has been reopened and granted.,The Veteran's claims for service connection for erectile dysfunction (ED) and sleep apnea are remanded. The Board notes that no examination was conducted regarding the Veteran's claimed vertigo.,The Veteran's claim for service connection for vertigo is remanded.

The deciding factor: In a February 2021 statement, prior to the promulgation of a decision in the matter, the Veteran withdrew his appeal for diabetes mellitus type II, to include as due to alleged herbicide exposure.,The August 2008 rating decision that denied service connection for tinnitus is final. New and material evidence has been received to reopen the claim of service connection for tinnitus.,VA Medical Opinion found that the Veteran's sleep apnea was less likely than not proximately due to or the result of his service-connected PTSD, but did not discuss the aggravation prong of secondary service connection or alleged herbicide exposure. The examiner also did not provide an opinion regarding the nature and etiology of the Veteran's erectile dysfunction.,No examination has been conducted for the Veteran's claimed vertigo.

Claimed conditions
diabetes mellitus type II, tinnitus, erectile dysfunction, sleep apnea, vertigo
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
July 11, 2021
Citation
21042036

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 21042036.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.

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