The Veteran's appeal for an increased rating for his right shoulder disability is dismissed.,The claim to reopen the previously denied prostate cancer status post TURP service connection is denied.,Service connection for bilateral hearing loss disability is denied.,The Veteran's claim for service connection for sleep apnea is remanded.
The deciding factor: The Veteran withdrew his appeal of the denial of an increased rating for a right shoulder disability in September 2019.,No new evidence pertinent to the prostate cancer status post TURP claim has been received since January 2008 final decision.,There is no evidence of hearing loss within one year of discharge from service, and current bilateral hearing loss does not meet VA criteria for a disability.,The Veteran's sleep apnea is not proximately due to or the result of his service-connected right shoulder and depression conditions.
- Claimed conditions
- Right shoulder residuals of acromioclavicular repair, with degenerative joint disease, bursitis and tendinosis, Prostate cancer status post TURP, Bilateral hearing loss disability, Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2022
- Citation
- 22048374
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 22048374.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
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