The Veteran's appeal for service connection for a non-organic sleep disorder is dismissed.,Issues of service connection for allergic rhinitis, OSA, TBI, headaches, Meniere's disease, bilateral plantar fasciitis (to include as secondary to service-connected lumbar spine disability), and erectile dysfunction (to include as secondary to service-connected hypertension) are remanded.
The deciding factor: The Veteran withdrew his appeal for service connection for a non-organic sleep disorder during the June 2020 Board hearing.,VA treatment records reflect that the Veteran was diagnosed with allergic rhinitis in May 2013, and he provided testimony that symptoms began during his first period of active military service. The VA medical opinion is needed to determine if the Veteran's allergic rhinitis is related to his service.
- Claimed conditions
- Non-organic sleep disorder (insomnia), Allergic rhinitis, Obstructive Sleep Apnea (OSA), Traumatic Brain Injury (TBI), Headaches, Meniere's disease, Bilateral Plantar Fasciitis, Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2021
- Citation
- 21067755
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 21067755.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
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