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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appellant's claim for an increased rating for pes planus of the left foot as he failed to report for a necessary VA examination without good cause.
- Denied
The Board found no evidence of a current bilateral foot pain disorder related to service and denied the claim.
- Remanded (sent back)
The Veteran's GERD is granted service connection. The claims for pes planus, plantar fasciitis, and obstructive sleep apnea are remanded due to inadequate VA examinations. The PTSD rating is also remanded.
- Remanded (sent back)
The Board has granted service connection for right knee injury pain. The claims of service connection for sleep apnea and pes planus are remanded due to the need for a VA examination considering toxic exposure risk activities.
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