The Veteran's appeals for a compensable rating for erectile dysfunction and higher-level SMC were dismissed. The appeal seeking service connection for right elbow disability, left elbow disability, cervical strain, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, gastroesophageal reflux disease (GERD), increased ratings for cervical strain, lumbar strain, and right and left lower extremity radiculopathy, as well as service connection for right shoulder disability and left shoulder disability were all dismissed. The Veteran's claim for a total (100 percent) disability rating for PTSD was granted with an effective date of December 10, 2011.,The Veteran’s appeals for increased ratings for cervical strain, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and gastroesophageal reflux disease (GERD) were remanded. The appeal seeking service connection for a right shoulder disability was also remanded.
The deciding factor: The Veteran withdrew his appeals for erectile dysfunction and higher-level SMC prior to the promulgation of a decision in the appeal.,The Board found that there is no current diagnosis of a right elbow disability, as post-service medical records are silent to any complaints or diagnoses related to the right elbow. The left elbow disability was not incurred in service and is not otherwise etiologically related to it.,The Veteran's claim for cervical strain, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, gastroesophageal reflux disease (GERD), increased ratings for cervical strain, lumbar strain, and right and left lower extremity radiculopathy, as well as service connection for right shoulder disability and left shoulder disability were all dismissed due to lack of evidence supporting the claims.,The Veteran's appeals for increased ratings for cervical strain, lumbar strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and gastroesophageal reflux disease (GERD) were remanded as there was insufficient evidence to determine if these conditions are related to service.
- Claimed conditions
- Erectile Dysfunction, Right Elbow Disability, Left Elbow Disability, Obstructive Sleep Apnea, Major Depressive Disorder (PTSD), Right Upper Extremity CTS, Left Upper Extremity CTS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 5, 2018
- Citation
- 18140779
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 18140779.
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.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Partly granted
The Board granted a 70 percent disability rating for PTSD with MDD, service connection for erectile dysfunction as secondary to the service-connected condition, and SMC based on the need for regular aid and attendance. However, it denied SMC based on housebound status.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Partly granted
The Veteran's PTSD was granted a 70 percent rating prior to March 7, 2022, while other claims were denied.
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