The Veteran's appeal for higher ratings on his service-connected lumbar spine condition, bilateral knee conditions, and pes planus was dismissed as he withdrew the claim. The appeals for tingling and numbness in the right shoulder and a respiratory disorder were remanded.
The deciding factor: The Veteran withdrew his appeal regarding the initial rating of his lumbar spine condition prior to September 22, 2015 and thereafter. Appeals for other conditions were remanded due to insufficient evidence or lack of opinion on etiology.
- Claimed conditions
- Osteoarthritis of the lumbar spine with degenerative joint disease L5-L1 and levoscoliosis, Status post meniscectomy with patellofemoral pain syndrome with patella tendonitis of the left knee to include residual scar, Status post meniscectomy with patellofemoral pain syndrome with patella tendonitis of the right knee to include residual scar, Pes planus, Right shoulder disability (manifested by tingling and numbness), Respiratory disorder (claimed as pleural thickening, noncalcified granuloma, and chronic obstructive pulmonary disease)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2018
- Citation
- 18140189
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 18140189.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's request for an earlier effective date than August 31, 2016, for service connection for degenerative arthritis of the spine and intervertebral disc syndrome with spondylolisthesis and pes planus because that was the date VA received his intent to file a claim following a previous final denial.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 20 percent for pes planus, and ratings in excess of 10 percent for left foot surgical scars and residuals of bunionectomy due to the need for an SOC.
- Dismissed
The appeal for service connection and rating of the veteran's conditions, including bilateral hearing loss, knee, spine, shoulder, and foot issues, has been withdrawn and dismissed.
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