The appeals for service connection for a spine condition, bilateral hip condition, left knee patellofemoral pain syndrome, right knee disability with limitation of motion, and right knee instability have been dismissed due to the absence of an adequate substantive appeal. The petition to reopen the previously denied claim for service connection for psychiatric disability has been granted. The appeals for service connection for a psychiatric disability (claimed as depression) and headaches are remanded.
The deciding factor: The Veteran did not file an adequate substantive appeal for several issues, leading to their dismissal. The petition to reopen the previously denied claim for service connection for psychiatric disability was granted due to new evidence received after the expiration of the appeal period. The appeals for service connection for a psychiatric disability and headaches are remanded as they are inextricably intertwined with the service connection for psychiatric disability.
- Claimed conditions
- {"condition_name":"Spine condition","status":"Not addressed"}, {"condition_name":"Bilateral hip condition","status":"Not addressed"}, {"condition_name":"Left knee patellofemoral pain syndrome","status":"Not addressed"}, {"condition_name":"Right knee disability with limitation of motion","status":"Not addressed"}, {"condition_name":"Right knee instability","status":"Not addressed"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127379
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
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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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