The Board dismissed the appeal for service connection for left shoulder strain, seasonal allergic rhinitis, left upper lobe granuloma, and restless leg syndrome as these claims were fully resolved by a November 2007 rating decision granting service connection.
The deciding factor: The Veteran has not appealed the assigned ratings or effective dates of the award, rendering the appeal moot.
- Claimed conditions
- left shoulder condition, seasonal allergic rhinitis, left upper lobe granuloma, restless leg syndrome, bilateral breast pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2009
- Citation
- 0906572
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Granted
The Board granted service connection for a left shoulder condition, finding that the Veteran's current disability is related to his military service.
- Remanded (sent back)
The Board remands the claims for service connection for back, left wrist, left and right knee, and left and right shoulder conditions due to missing personnel records and an inadequate VA medical opinion.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions, including left and right leg, arm, knee, shoulder, kidney, plantar fasciitis, and back conditions, as further development is needed to address pre-decisional duty to assist errors.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.