The Veteran's claim for service connection for obstructive sleep apnea to include as secondary to his service-connected other specified depressive disorder has been withdrawn and dismissed. The Veteran's acquired psychiatric disorder, specifically other specified depressive disorder, is granted a rating of 50 percent prior to March 22, 2022, but the issue of entitlement to TDIU remains pending.
The deciding factor: The Veteran withdrew his claim for service connection for obstructive sleep apnea and was granted a 50% rating for other specified depressive disorder prior to March 22, 2022. The case is remanded for further examination and consideration of the TDIU issue.
- Claimed conditions
- Obstructive Sleep Apnea, Other Specified Depressive Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 16, 2022
- Citation
- 22069292
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 22069292.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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