The veteran's appeal for an increased rating for his left wrist disability was dismissed due to lack of jurisdiction. The claim for SMP by reason of the need for regular aid and attendance of another person has been reopened based on new evidence, but the criteria for receiving such benefits have not been met.
The deciding factor: The veteran did not file a timely substantive appeal for his increased rating claim, leading to its dismissal as jurisdictional. The reopening of the SMP claim was supported by new evidence showing that the veteran's disabilities do not meet the criteria for needing regular aid and attendance of another person.
- Claimed conditions
- residuals of a gunshot wound, left wrist, ulnar neuropathy, scar, involvement of flexor muscles
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 4, 2008
- Citation
- 0829927
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 0829927.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has decided that the Veteran's claim for a higher rating for ulnar neuropathy of the right upper extremity should be remanded due to incomplete evidence.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.
- Dismissed
The Veteran's claim for a disability rating in excess of 10 percent for a scar, residual of a cyst removed from the groin area is dismissed.,The Veteran's claim for an increased disability rating in excess of 20 percent for lumbar spine disability is denied. A 20 percent disability rating, but no higher, is granted.,The Veteran's claim for an increased disability rating in excess of 30 percent for PTSD is denied. A 10 percent disability rating, but no higher, is granted.,The Veteran's claim for a compensable disability rating for otitis media of the right ear is denied.,The Veteran's claim for a disability rating for chest wall muscle spasm, claimed as costochondritis, is granted with a 10 percent rating.,The Veteran's claim for an increased disability rating in excess of 20 percent for right ankle disability remains pending.
- Partly granted
The Veteran's claims for service connection for malignant myeloma and scar secondary to his service-connected malignant melanoma were denied. However, the Veteran was granted service connection for his service-connected malignant melanoma.
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