The appeal as to the issue of entitlement to an initial rating in excess of 20 percent for the service-connected left shoulder impingement is dismissed due to a lack of justiciable case or controversy.
The deciding factor: The Veteran's substantive appeal was not timely, and no further action would be taken on his appeal.
- Claimed conditions
- left shoulder impingement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911427
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 various conditions and dismissed claims, with some issues remanded.
- Partly granted
The Board granted an earlier effective date of March 4, 2014 for the award of service connection for right and left lower extremity radiculopathy but denied a higher rating for left shoulder impingement.
- Denied
The Board denied the Veteran's claim for service connection for a left shoulder disability, finding that there was not enough evidence to support a link between his current condition and his military service.
- Granted
The Veteran's claim for an increased rating for loss of use of the right upper extremity was denied, but his claim for special monthly compensation based on aid and attendance (A&A) was granted.
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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.