The Veteran's service connection for headaches is dismissed as moot since he already has a separate service-connected condition. The claims for chest congestion and body aches, right ankle disability, left lower extremity radiculopathy (secondary to lumbar spine disability), and right lower extremity radiculopathy (secondary to lumbar spine disability) are denied. A 10% rating is granted for the Veteran's service-connected right thumb/hand disability.,The Veteran's service connection claims for an acquired psychiatric disorder, bilateral hearing loss, and tinnitus are remanded as new examinations are needed.
The deciding factor: The Veteran already has a separate service-connected condition for headaches. The preponderance of the evidence is against finding that chest congestion and body aches began during active service or are otherwise related to an in-service injury or disease.,The right ankle disability claim must be remanded as there is no indication of current symptoms from service, and the VA examiner found it less likely than not related to service. The Veteran's hearing loss and tinnitus claims also need further examination.
- Claimed conditions
- {"condition_name":"Headaches","status":"dismissed"}, {"condition_name":"Chest congestion and body aches","status":"denied"}, {"condition_name":"Right ankle disability","status":"denied"}, {"condition_name":"Left lower extremity radiculopathy (secondary to lumbar spine disability)","status":"granted"}, {"condition_name":"Right lower extremity radiculopathy (secondary to lumbar spine disability)","status":"granted"}, {"condition_name":"10% rating for right thumb/hand disability","status":"granted"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101769
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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