The Veteran's claims for service connection for pelvic disability, deviated septum, and tuberculosis have been dismissed as the Veteran requested a withdrawal of these claims during his November 2016 hearing.,The Veteran's claim for service connection for hypertension has been granted based on new evidence showing a nexus to active service. The claim for gastrointestinal disorder (including gastroenteritis, hemorrhoids, and fecal incontinence) has also been reopened.
The deciding factor: The Veteran requested withdrawal of his claims for pelvic disability, deviated septum, and tuberculosis during the November 2016 hearing.,New evidence submitted since the January 1990 rating decision showed a possible positive nexus between hypertension and active service. The private physician's opinion linking high cholesterol to hypertension was considered material as it suggested a potential link to service.
- Claimed conditions
- {"condition_name":"Pelvic disability"}, {"condition_name":"Deviated septum"}, {"condition_name":"Tuberculosis"}, {"condition_name":"Hypertension"}, {"condition_name":"Gastrointestinal disorder (including gastroenteritis, hemorrhoids, and fecal incontinence)"}, {"condition_name":"Obstructive sleep apnea"}
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101831
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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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