The appeal regarding the issues of entitlement to service connection for major depressive disorder or insomnia, sleep apnea, and increased ratings for post-operative residuals spinal fusion/IVDS, right lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy (femoral nerve), painful scar, status post laminectomy, scars, status post laminectomy and spinal fusion surgeries, and maxillary sinusitis has been dismissed as the Veteran's attorney withdrew his appeal in June 2024.,The appeal regarding entitlement to service connection for headaches was rendered moot by the AOJ's award of service connection for headaches in February 2024.
The deciding factor: The Veteran's attorney withdrew the appeals on behalf of the Veteran, and the Board has jurisdiction only over issues that remain pending after such withdrawal.
- Claimed conditions
- headaches, major depressive disorder, insomnia, sleep apnea, post-operative residuals of removal of L-5 schwannoma and hemilaminectomy with scarring, L5-S1 root insufficiency and atrophy of iliocostal and iliospinal muscles, degenerative arthritis, IVDS, spinal fusion and stenosis, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), painful scar, status post laminectomy, scars, status post laminectomy and spinal fusion surgeries, maxillary sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2024
- Citation
- A24040082
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 A24040082.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- 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.
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