The veteran withdrew his appeal concerning the issue of service connection for a chronic bilateral eye disability, to include blurred, spotted, and double vision. The issues of increased evaluation for TMJ dysfunction and compensable evaluation for bilateral thumb laxity are addressed in the REMAND portion of this decision.
The deciding factor: The veteran specifically withdrew his appeal as to the issue of service connection for a chronic bilateral eye disability during his June 2005 hearing before the Board. As such, no further appellate consideration is warranted on this issue.
- Claimed conditions
- chronic bilateral eye disability, TMJ dysfunction, bilateral thumb laxity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2005
- Citation
- 0534156
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 0534156.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's appeal for an increased rating for tinnitus is denied as his disability has already been rated at the maximum allowable level.,Service connection for bilateral hearing loss is denied because there is no evidence of a current hearing loss disability for VA purposes during the pendency of this appeal.,Service connection for a right shoulder disorder, headaches, TMJ dysfunction, hypertension, vertigo, and respiratory condition are all denied as there is no persuasive evidence that these conditions were incurred or aggravated by service.
- Denied
The Board denied an effective date earlier than August 29, 2022, for the award of service connection for TMJ dysfunction.
- Granted
The Board granted service connection for TMJ dysfunction and an initial 20 percent rating for right ankle strain, resolving reasonable doubt in the Veteran's favor.
- Dismissed
The appeal was dismissed due to a finding of a duty to assist error related to the claim for service connection for depression, and the claim for service connection for bilateral hearing loss was denied.
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