The appeal for service connection for cirrhosis of the liver splenomegaly was withdrawn by the Veteran, and the claims for dermatitis (severe rash) and sleep apnea (OSA), including as secondary to service-connected PTSD and hypertension, were remanded.
The deciding factor: The Veteran's representative explicitly withdrew the appeal during a hearing, meeting all three prongs of the DeLisio standard. For the other issues, further evidence is needed for an informed decision.
- Claimed conditions
- cirrhosis of the liver splenomegaly, dermatitis (severe rash), sleep apnea (OSA), including as secondary to service-connected PTSD and hypertension
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2025
- Citation
- A25023490
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 granted an effective date of July 9, 2020 for the grant of service connection for sleep apnea (OSA), but no earlier.
- Denied
The Board denied the veteran's claims for increased ratings and service connection for various conditions, including lumbosacral strain, tinnitus, right knee disability, chronic fatigue syndrome, gastroesophageal reflux disease, bilateral hearing loss, sciatica and lumbar radiculopathy, sleep apnea, and benign paroxysmal positional vertigo.
- Dismissed
The Veteran has withdrawn his appeal for service connection for sleep apnea (OSA), and the Board has dismissed this issue.
- Partly granted
The Board granted service connection for sleep apnea (OSA) and denied a rating in excess of 70 percent for post-traumatic stress disorder (PTSD), while dismissing appeals for service connection for limitation of motion of the ankle, hypertension, tinnitus, and insomnia.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.