The appeal for service connection of the fracture of the neck, degenerative changes of the thoracolumbar spine, and compensable disability rating for residual scar from an appendectomy has been dismissed. The appeal for a separate award of service connection for residuals of an appendectomy is remanded.
The deciding factor: The Veteran withdrew his appeals regarding the claims for fracture of the neck and degenerative changes of the thoracolumbar spine during a Board hearing, and the claim for compensable disability rating for residual scar from an appendectomy was dismissed due to lack of symptoms.
- Claimed conditions
- Fracture of the neck, Degenerative changes of the thoracolumbar spine, Residual scar from an appendectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100850
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19100850.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 determined that the August 2023 VA contract examiner's opinion is inadequate and remands the case for a new examination to address the Veteran's lay statements of onset during service and continuity of symptomatology.
- Remanded (sent back)
The Board remands the claims for a new VA examination to determine the current level of severity of the Veteran's disabilities.
- Granted
The Board has granted service connection for degenerative changes of the thoracolumbar spine and cervical spine disability, finding that these conditions began during active service.
- Remanded (sent back)
The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations. The issues of rating cervical spine disability, thoracolumbar spine disability, bilateral hearing loss, tinnitus, skin disability due to chemical exposure, left hip disability, and TDIU are being remanded.
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