The appeal of the issue of entitlement to service connection for sleep apnea is dismissed.,New and material evidence has been received and the petition to reopen a claim of service connection for lumbar spine disability is granted.
The deciding factor: The Veteran withdrew his appeal of the issue of entitlement to service connection for sleep apnea, and new and material evidence was received for the reopening of claims related to other conditions.
- Claimed conditions
- sleep apnea, lumbar spine disability, cervical spine disability, psychiatric disorder (claimed as depression, anxiety, insomnia, and substance abuse), erectile dysfunction, groin abscess
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2022
- Citation
- 22057451
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 22057451.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
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