The appeal for a rating in excess of 30 percent for adjustment disorder unspecified, chronic with insomnia is dismissed.,The appeal for service connection for CFS is denied.,The appeals for service connection for IBS, BHL, and breathing issues are dismissed.,The appeals for service connection for left foot gout, migraines, OSA, and body dysmorphia are remanded.
The deciding factor: The October 2024 rating decision did not actually reduce a rating or grant or deny any benefit. The February 2025 NOD was procedurally defective as to the issue of the October 2024 deferred decision for insomnia.,There is no diagnosis of CFS, and therefore service connection cannot be established.,The Veteran's February 2025 VA Form 10182 did not timely appeal the most recent rating decisions regarding IBS, BHL, and breathing issues. The claims are dismissed due to noncompliance with the relevant claims processing regulations.,For left foot gout, migraines, OSA, and body dysmorphia, additional development is needed.
- Claimed conditions
- adjustment disorder unspecified, chronic with insomnia, chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), bilateral hearing loss (BHL), breathing issues, left foot gout, migraines, OSA
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2026
- Citation
- A26001593
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 A26001593.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- 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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board has denied service connection for chronic rhinitis, chronic sinusitis, and chronic fatigue syndrome as there is no evidence of a current disability in the record.
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