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DismissedPACT Act

The appeal of entitlement to service connection for obstructive sleep apnea is dismissed.,New and material evidence having been submitted, the claim of entitlement to service connection for right hip disability is reopened, and to this extent only the appeal is granted.,New and material evidence having been submitted, the claim of entitlement to service connection for left hip disability is reopened, and to this extent only the appeal is granted.,New and material evidence having been submitted, the claim of entitlement to service connection for low back disability is reopened, and to this extent only the appeal is granted.,New and material evidence having been submitted, the claim of entitlement to service connection for right hand disability is reopened, and to this extent only the appeal is granted.,The claims of entitlement to service connection for left shoulder disability and right shoulder disability (fracture fragment of the right acromioclavicular joint) are remanded.,The claim of entitlement to service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), is remanded.

The deciding factor: The Veteran withdrew his appeal of the issue of entitlement to service connection for obstructive sleep apnea prior to a decision being made.,New and material evidence has been submitted that relates to unestablished facts necessary to substantiate the Veteran's claims for right hip, left hip, low back, and right hand disabilities.,New and material evidence has been submitted that relates to unestablished facts necessary to substantiate the Veteran's claims for left hip disability.,New and material evidence has been submitted that relates to unestablished facts necessary to substantiate the Veteran's claim for low back disability.,New and material evidence has been submitted that relates to unestablished facts necessary to substantiate the Veteran's claim for right hand disability.,The claims of entitlement to service connection for left shoulder disability and right shoulder disability (fracture fragment of the right acromioclavicular joint) are remanded because no VA examiner has provided an opinion on whether these conditions are related to the Veteran's military service.,The claim of entitlement to service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), is remanded because the in-service stressors have not been verified and a new examination is needed.

Claimed conditions
obstructive sleep apnea, right hip disability (status post right hip replacement), left hip disability, low back disability, right hand disability, left shoulder disability, right shoulder disability (fracture fragment of the right acromioclavicular joint), an acquired psychiatric disorder, including PTSD
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 3, 2022
Citation
22032559

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 22032559.

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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