The Veteran's claim for service connection for obstructive sleep apnea has been granted.,Prior to December 12, 2003, the Veteran was not found unable to secure or follow substantially gainful employment due to his service-connected disabilities.,From December 12, 2003, to January 31, 2005, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was not permanently housebound.,From February 1, 2005, to February 27, 2019, the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,From February 28, 2019, to April 3, 2020, the issue of entitlement to a TDIU is moot as he had a combined rating of 100% and was in receipt of special monthly compensation.
The deciding factor: The Veteran's service-connected disabilities did not meet the criteria for a TDIU due to insufficient evidence showing his inability to secure or follow substantially gainful employment.
- Claimed conditions
- obstructive sleep apnea, lumbar degenerative spondylosis, disc disease with stenosis, left shoulder rotator cuff, total replacement, right hip replacement, residuals of an injury, postoperative ruptured left Achilles tendon, residuals, torn medial meniscus, left knee, postoperative, with traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2023
- Citation
- 23011380
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 23011380.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during 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.