The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus was dismissed as the Veteran withdrew his claim prior to the promulgation of a decision.,The petition to reopen the claim for service connection for asthma and/or COPD is granted, but the petition to reopen the claim for service connection for obstructive sleep apnea is denied. The low back disability claim is also denied.
The deciding factor: The Veteran withdrew his appeal of a rating in excess of 10 percent for bilateral tinnitus prior to the promulgation of a decision.,While new and material evidence was submitted, it does not relate to an unestablished fact necessary to substantiate the claim as it does not include evidence that the condition permanently worsened as a result of service or is otherwise related to service. The March 2011 rating decision remains final for the obstructive sleep apnea claim.,The Veteran's low back disability was not shown to have onset during active service and is not otherwise related to an in-service injury, event, or disease.
- Claimed conditions
- Bilateral tinnitus, Asthma/Chronic Obstructive Pulmonary Disease (COPD), Obstructive Sleep Apnea, Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23058877
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 23058877.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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