The Board has determined that there is no longer a case or controversy with respect to the Veteran's claim for an effective date earlier than September 29, 2006, for a combined 100 percent disability rating. The issues have been dismissed as moot due to the finding of CUE in the July 1985 rating decision.
The deciding factor: The July 1985 rating decision that reduced the Veteran's 100 percent rating under Diagnostic Code 9901 is final and contains CUE, which has been reversed. As a result, the issues of effective dates for service connection have become moot due to the reversal of the prior reduction.
- Claimed conditions
- loss of the alveolar nerve and artery function with limited inter-incisal range of motion and lateral excursion, PTSD with body dysmorphic disorder, left knee synovitis, right knee synovitis, chronic right rotator cuff impingement and tendonitis, chronic muscular cervical strain, residuals of bilateral tympanic membrane perforation, residuals of shrapnel wounds to the left forearm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2016
- Citation
- 1620242
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 1620242.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.
- Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional duty to assist error and will provide proper notice for a VA examination.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 10 percent for left and right knee synovitis to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted a 30 percent rating for bilateral pes planus and a total disability rating based upon individual unemployability (TDIU), while denying increased ratings for schizoaffective disorder with unspecified anxiety and right knee synovitis.
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