The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted service connection for bilateral pes planus and bilateral plantar fasciitis, but remanded the issues of GERD rating and back disability.
The deciding factor: The Veteran withdrew his appeal with respect to several conditions during a hearing before the Board. Service connection was granted for bilateral pes planus and bilateral plantar fasciitis based on their onset during service and aggravation by service. The remaining appeals were remanded due to insufficient medical opinions regarding GERD and back disability.
- Claimed conditions
- Low sperm count, Dermatomycosis tinea versicolor, Obstructive sleep apnea (OSA), Eczema, Left shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001788
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (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 24001788.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran's 100% rating for hemorrhagic stroke is granted effective March 19, 2021. OSA and periodic limb movement syndrome are denied service connection. Pituitary mass remains under review.
- 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.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.
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