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Dismissed

Service connection for high cholesterol is dismissed.,Entitlement to an effective date earlier than April 17, 2017, for service connection for status post left shoulder joint replacement (non-dominant), including degenerative arthritis, is denied.,Entitlement to an effective date earlier than April 17, 2017, for service connection for a left shoulder surgical scar is denied.,Entitlement to an effective date earlier than April 17, 2017, for service connection for hypertension is denied.,New and material evidence has not been submitted to reopen a claim of entitlement to service connection for a knee disability. The petition to reopen is denied.,Service connection for sleep apnea is denied.

The deciding factor: The Veteran withdrew his appeal of the issue of entitlement to service connection for high cholesterol at his January 2022 Board hearing.,The evidence of record persuasively weighs against finding that the left shoulder disability and scar began during active service, or is otherwise related to an in-service injury or disease.,The Veteran did not timely file an appeal within one year after discharge from service for the knee disability claim. The August 2009 rating decision became final.,Evidence of knee surgeries in 1998 and 2007 was previously considered in the prior rating decision, and therefore, is not new. Additional records still do not reflect any knee trauma in service, nor do they show a causal relationship between an in-service injury and a current knee disability.,The Veteran's testimony regarding his left shoulder scar was conflicting, with one instance stating it does not hurt when touched, and another indicating that touching can cause pain. The Board found new examinations are warranted to determine the current severity of the Veteran's disabilities.,Service connection for sleep apnea is denied as there is no evidence showing a relationship between service and the disability.

Claimed conditions
High cholesterol, Left shoulder joint replacement (non-dominant), Left shoulder surgical scar, Hypertension, Knee disability
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
May 31, 2022
Citation
22031630

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 22031630.

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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