The Veteran's claims for service connection for radiculopathy of the bilateral lower extremities have been dismissed.,The Veteran's claim for service connection for chronic fatigue syndrome has been denied, as his reports are linked to sleep apnea and a service-connected psychiatric disability.,The Veteran's claim for service connection for sleep apnea has been granted.,The Veteran's neck disability (cervical spondylosis with myelopathy) is considered service connected.,The Veteran's radiculopathies of the upper extremities are also considered service connected.,New and material evidence was received to reopen the claim for service connection for a right shoulder disability, which is granted in part.,Other claims remain pending and will be remanded.
The deciding factor: The Veteran's radiculopathies of the lower extremities were previously granted by the AOJ in January 2021. The representative withdrew these issues during the July 2022 hearing.,There is no evidence linking chronic fatigue syndrome to service, and it was not considered a qualifying disability due to Southwest Asia service.,The Veteran's neck disability has been linked to his service through continuity of symptoms since service.,Radiculopathy of the upper extremities are proximately caused by cervical spondylosis and degenerative disc disease.,Right shoulder disability is considered service connected based on new evidence that addresses a relationship between service and post-service symptoms.,The right shoulder disability claim was previously denied, but new evidence has been received which raises a reasonable possibility of substantiating the claim.
- Claimed conditions
- radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, chronic fatigue syndrome, sleep apnea, neck disability (cervical spondylosis with myelopathy), radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2023
- Citation
- 23046485
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 23046485.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- 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.
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