The appeal for service connection for anxiety disorder, major depressive disorder, and psychosis for the purpose of establishing eligibility to treatment under 38 U.S.C. § 1702 was dismissed as they were rendered moot by the grant of service connection for persistent depressive disorder with anxious distress in a September 2023 rating decision. The appeal for sleep apnea, right lower extremity radiculopathy (sciatic and femoral), and left lower extremity radiculopathy (sciatic and femoral) was granted with effective dates starting from January 6, 2021.
The deciding factor: The Veteran's service connection claims were rendered moot due to the grant of service connection for persistent depressive disorder with anxious distress in a September 2023 rating decision. The appeal for sleep apnea and radiculopathy was granted based on the evidence showing that his sleep apnea is aggravated by his service-connected back disability.
- Claimed conditions
- anxiety disorder, major depressive disorder, psychosis for the purpose of establishing eligibility to treatment under 38 U.S.C. § 1702, sleep apnea, right lower extremity radiculopathy (sciatic and femoral), left lower extremity radiculopathy (sciatic and femoral), back disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 14, 2023
- Citation
- 23060974
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 23060974.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- 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.
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.