The Board dismissed the veteran's appeal regarding whether new and material evidence has been received to reopen his claim for service connection for residuals of a neck injury. The issue of entitlement to service connection for a shoulder disability is remanded.
The deciding factor: The veteran withdrew his appeal with respect to the issue of whether new and material evidence had been received to reopen his claim for service connection for residuals of a neck injury in September 2003.
- Claimed conditions
- neck injury, shoulder disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2004
- Citation
- 0425473
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 0425473.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The appeal of the issues related to eczema and acne, carpal tunnel syndrome, cervical spine disability, shoulder disability, right ankle disability, left ankle disability, gastritis and GERD with hiatal hernia, and sleep disturbances have been dismissed.,An initial rating in excess of 10 percent for right knee pain with shin splints is denied. A rating of 10 percent, and no higher, for left leg shin splints is granted.
- Granted
The Board has granted the Veteran's request to recognize his December 17, 2008 correspondence as a timely and valid Notice of Disagreement (NOD) with the November 2008 rating decision. The underlying compensation claims will be addressed in a separate Board decision under the Legacy appeal system.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of any claimed conditions and therefore, service connection for these conditions is denied.
- Dismissed
The Veteran's appeal for an increased evaluation of their shoulder disability has been dismissed due to the death of the Veteran during the pendency of the appeal.
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