The appeal for service connection for right upper extremity peripheral neuropathy and left upper extremity peripheral neuropathy is dismissed as the benefits have been granted.,The appeal for service connection for OSA is denied.,The appeal for an initial rating in excess of 70 percent for PTSD is dismissed as moot.
The deciding factor: Both right upper extremity and left upper extremity peripheral neuropathy were previously granted in a March 2021 rating decision, making the current appeal moot.,There is no evidence showing that OSA was incurred or aggravated by service. The Veteran's disability began decades after his military service.,The Veteran's PTSD does not meet the criteria for an initial rating in excess of 70 percent as there are no symptoms listed in the rating formula that indicate such impairment.
- Claimed conditions
- Right upper extremity peripheral neuropathy, Left upper extremity peripheral neuropathy, Obstructive sleep apnea (OSA), Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2024
- Citation
- A24019509
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 A24019509.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- 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.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- 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.
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