The appeal as to whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right hip disability is dismissed as moot.,The appeal as to whether new and material evidence has been received to reopen a claim of entitlement to service connection for bilateral flatfoot is dismissed as moot.,New and material evidence having been received, the claim for entitlement to service connection for a left hip disability is reopened, and to that extent only, the appeal is granted.
The deciding factor: The Veteran's claims to reopen entitlement to service connection for right hip disability and bilateral flatfoot have been rendered moot by the March 2018 rating decision which awarded these benefits.,The June 2010 rating decision denying service connection for left hip disability is final, but new and material evidence has been received since then.
- Claimed conditions
- right hip disability, left hip disability, cervical spine disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2019
- Citation
- 19123832
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.