The Board dismissed the appeal as service connection for a neck condition was granted, making the issue moot.
The deciding factor: The issue of entitlement to service connection for a neck condition is dismissed because it has been rendered moot by the grant of service connection for arthritis of the cervical spine.
- Claimed conditions
- arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 21, 2008
- Citation
- 0813073
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 evaluation of 10 percent, but no higher, prior to June 13, 2020, and a 30 percent rating thereafter for the Veteran's arthritis of the cervical spine.
- Granted
The Board granted service connection for a neck disorder, diagnosed as arthritis of the cervical spine, and a left leg disorder, diagnosed as arthritis of the left ankle.
- Denied
The Board denied service connection for various conditions, including arthritis of the entire skeletal system (other than cervical spine, right shoulder, bilateral hands, and left foot), a left knee condition (other than arthritis), and other specific joints. The claims were not granted.
- Remanded (sent back)
The Board remands the claims for service connection for arthritis of the cervical spine, bilateral knees, bilateral elbows, and bilateral shoulders to obtain new VA medical opinions that adequately address whether these conditions are related to military service or aggravated by service-connected disabilities.
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