The Board has dismissed the Veteran's appeals for increased ratings for major depressive disorder with anxious distress and bilateral plantar fasciitis, as well as his claims of service connection for diabetes mellitus and OSA. The claim to reopen the issue of service connection for diabetes mellitus was denied due to lack of new and material evidence, while the claim to reopen the issue of service connection for OSA was granted based on new evidence.
The deciding factor: The Board found that the submitted evidence did not raise a reasonable possibility of substantiating the claims of service connection for diabetes mellitus and OSA. The claim to reopen the issue of service connection for diabetes mellitus was denied because there was no new and material evidence presented, while the claim to reopen the issue of service connection for OSA was granted based on the Veteran's submitted evidence linking his OSA to weight gain related to his service-connected orthopedic disorders.
- Claimed conditions
- Major depressive disorder with anxious distress, Bilateral plantar fasciitis, Diabetes mellitus, Obstructive sleep apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2023
- Citation
- 23041836
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 23041836.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Veteran's major depressive disorder with anxious distress is rated at 30 percent, and the Board has determined that a higher rating is not warranted.
- Granted
The Board has granted the Veteran's claim for payment or reimbursement of ambulance travel expenses incurred on June 17, 2025 due to an emergency heart attack. The ambulance service was provided by a volunteer organization and later intercepted by a higher-tier EMT company.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
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