The claim for service connection for obstructive sleep apnea (OSA) was granted, and the case is dismissed as there remains no justiciable case or controversy.
The deciding factor: The grant of service connection for OSA rendered the appeal moot, as there are no remaining issues to be adjudicated.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Right Hand Disability, Disability Manifested by a Chronic Cough, Right Ankle Disability, Left Ankle Disability, Back Disability, Gastrointestinal Disability, including chronic gastritis, GERD, hiatal hernia and an ulcer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062886
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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