The appeal for service connection for depressive disorder is dismissed. A rating in excess of 30 percent for plantar fasciitis with bilateral flat feet is denied, and the issues of service connection for fibromyalgia and obstructive sleep apnea are remanded.
The deciding factor: The Veteran's claim for service connection for depressive disorder has been granted, thus the appeal must be dismissed as there remains no case in controversy.
- Claimed conditions
- Depressive Disorder, Fibromyalgia, Obstructive Sleep Apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2021
- Citation
- 21064764
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 21064764.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
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