The Veteran's claim for service connection for obstructive sleep apnea was dismissed as the Veteran withdrew his request. The TDIU claim prior to March 16, 2020 was denied because the Veteran had been employed full-time until he became disabled due to the coronavirus pandemic.
The deciding factor: The Veteran's employment status and disability level were sufficient to meet the schedular requirements for a TDIU but not enough to establish unemployability based on service-connected disabilities alone.
- Claimed conditions
- obstructive sleep apnea, unspecified depressive disorder with alcohol use disorder, diabetes mellitus type II with erectile dysfunction, bladder dysfunction, right upper extremity diabetic peripheral neuropathy, left upper extremity diabetic peripheral neuropathy, tinnitus, right lower extremity diabetic peripheral neuropathy sciatic nerve, left lower extremity diabetic peripheral neuropathy sciatic nerve, left lower extremity diabetic peripheral neuropathy femoral nerve, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2023
- Citation
- 23006193
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 23006193.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.