The Veteran's appeal for a disability rating in excess of 20 percent for his service-connected left shoulder disability was dismissed due to the Veteran's withdrawal of the appeal.,The claim for service connection for headaches has been reopened based on new and material evidence. The Board finds that the Veteran's headache disability is at least as likely as not related to his military service.,The issue of whether new and material evidence has been received to reopen the claim for service connection for bilateral plantar fasciitis was remanded.,The issue of whether new and material evidence has been received to reopen the claim for service connection for bilateral pes planus was remanded.,The issue of whether new and material evidence has been received to reopen the claim for service connection for a low back disability was remanded.,Service connection for erectile dysfunction (ED) is remanded.,Service connection for a sleep disorder, to include sleep apnea, is remanded.
The deciding factor: The Veteran withdrew his appeal regarding the ratings assigned for his service-connected left shoulder disability.,New and material evidence has been received that relates to unestablished facts and raises a reasonable possibility of substantiating the claims.,The issue was remanded due to insufficient VA treatment records since February 2020.,The issue was remanded due to insufficient VA treatment records since February 2020.,The issue was remanded due to insufficient VA examination and opinion regarding the low back disability.,Service connection for ED is remanded due to a lack of discussion on whether it may be aggravated by a service-connected disability, including PTSD medication.,Service connection for sleep disorder is remanded due to insufficient VA examination and opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea.
- Claimed conditions
- left shoulder labral tear with degenerative joint disease, headaches, bilateral plantar fasciitis, bilateral pes planus, low back disability, erectile dysfunction (ED), sleep disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001471
Veterans Law Judge
Decisions by this judge: 140 · Granted: 18% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001471.
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 determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- 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.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
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