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Dismissed

The Veteran's appeal for a higher rating on his right ankle sprain was withdrawn during the August 2021 hearing.,Claims for hypertension and ED, both secondary to PTSD, were denied in November 2016. No new evidence has been submitted that could reopen these claims.,Claims for left knee condition and right knee condition were also denied in December 2016. Again, no new evidence has been submitted that could reopen these claims.,The Veteran's claim for an earlier effective date for his right ankle sprain rating was denied.,Service connection for IBS was granted.,Service connection for fibromyalgia was denied.,A 20 percent disability rating, but no higher, was granted for the left ankle condition. The Veteran is not entitled to a higher rating based on this appeal.,The Board found that new and material evidence had not been submitted to reopen claims of service connection for numbness, muscle and joint pain, migraines, memory loss, and lower back conditions.,Claims for obstructive sleep apnea (OSA) were also remanded.

The deciding factor: The Veteran withdrew his appeal for a higher rating on his right ankle sprain during the August 2021 hearing.,No new evidence has been submitted to reopen claims of service connection for hypertension and ED, both secondary to PTSD.,No new evidence has been submitted to reopen claims of service connection for left knee condition and right knee condition.,The Veteran's claim for an earlier effective date was denied as no new evidence had been submitted.,Service connection for IBS was granted based on the Veteran's service in Southwest Asia during the Persian Gulf War.,Service connection for fibromyalgia was denied because there is no evidence of a current diagnosis.,The left ankle condition meets the criteria for a 20 percent disability rating, but not higher.,New and material evidence had not been submitted to reopen claims of service connection for numbness, muscle and joint pain, migraines, memory loss, and lower back conditions.,Claims for obstructive sleep apnea (OSA) were remanded due to the lack of a nexus between the condition and service or a service-connected disability.

Claimed conditions
right ankle sprain, hypertension, erectile dysfunction (ED), left knee condition, right knee condition, IBS, fibromyalgia, memory loss, obstructive sleep apnea (OSA)
How they argued it
Secondary to another service-connected condition
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 16, 2021
Citation
21074959

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 21074959.

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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