The Board dismissed the veteran's claims for earlier effective dates for service connection based on a difference of opinion, as there was no evidence of a 'difference of opinion' between the medical evidence at the time of the June 1969 and March 2003 rating decisions.
The deciding factor: There is no evidence to support a finding that there exists any difference of opinion regarding the medical evidence at the time of the two decisions, as the medical evidence was vastly different at the time of each decision.
- Claimed conditions
- 5-inch linear scar on the right radius, stellate scar, 1 inch, ulnar border of right forearm, parethesias in the median nerve distribution of the right forearm, right radial deviation with limitation of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903304
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
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- Remanded (sent back)
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- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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