The appeal for service connection for emphysema is dismissed.,Service connection for a disability of the bilateral legs is denied.,Entitlement to service connection for a lumbosacral strain (claimed as back condition) and depression, secondary to a low back condition are remanded.,Entitlement to service connection for a disability of the bilateral feet, secondary to a low back condition is remanded.,Entitlement to service connection for a thoracic aortic aneurysm is remanded.
The deciding factor: The Veteran withdrew his appeal for emphysema prior to the Board's decision.,There is no current evidence of a bilateral leg disability during the pendency of the claim or recent to the filing of the claim.,The low back condition was less likely as not caused by or related to the in-service injury, and it was also found that Scheurmann’s kyphosis disease did not pre-exist service and was not aggravated by the in-service motor vehicle accident.,There is insufficient evidence regarding the bilateral feet disability due to lack of x-rays and private medical records.,The nature and etiology of the thoracic aortic aneurysm need further examination.
- Claimed conditions
- emphysema, bilateral leg disability, lumbosacral strain (back condition), depression, disability of the bilateral feet, thoracic aortic aneurysm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2018
- Citation
- 18157958
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 18157958.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Remanded (sent back)
The Board has remanded the claims for a neurological examination to determine if any diagnosed radiculopathy or other neurological disability affecting the lower extremities was caused or aggravated by service-connected conditions.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
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