The appeal for service connection for kidney disease was withdrawn by the Veteran, and the claims for increased ratings for obstructive sleep apnea (OSA) and bilateral hearing loss were denied.
The deciding factor: The Veteran's OSA does not meet the criteria for a higher rating as it requires the use of a breathing assistance device but does not cause chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor does it require a tracheostomy. The Veteran's hearing acuity shows Level I and II impairment, which do not warrant a compensable rating.
- Claimed conditions
- kidney disease, obstructive sleep apnea (OSA), bilateral hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070441
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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