The Veteran's appeals for service connection on multiple conditions have been dismissed as withdrawn or moot. The motion alleging clear and unmistakable error (CUE) in the November 1971 rating decision has been granted, resulting in an effective date of June 18, 1971, for the grant of service connection for post-operative residual scarring associated with lung biopsy.
The deciding factor: The Veteran withdrew his appeals and the motion alleging CUE was granted based on the correct application of law to the facts at that time.
- Claimed conditions
- carpal tunnel syndrome, arthritis of the left upper extremity, back disability, chronic autoimmune disease, peripheral artery disease of the left leg, peripheral artery disease of the right leg, lung disability (claimed as pneumonitis and COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 17, 2018
- Citation
- 18135684
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 18135684.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
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