The Board has dismissed the Veteran's service connection claims for low back disability, psychiatric disability, right hip disability, and right knee disability due to his failure to respond to requests for identifying information and releases for pertinent medical records within a year. The extraschedular rating claim for residuals of a fractured left medial malleolus was denied.
The deciding factor: The Veteran failed to provide the necessary identifying information and releases for private treatment records, resulting in the claims being considered abandoned under 38 C.F.R. § 3.158(a).
- Claimed conditions
- low back disability, psychiatric disability, right hip disability, right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 21, 2012
- Citation
- 1240053
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 1240053.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for left and right hip disabilities due to inadequate VA medical opinions. The Veteran will need an adequate VA medical opinion to determine if his hip disabilities are related to service.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
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