The Veteran's claim to reopen the previously denied claim of entitlement to service connection for a bilateral leg disability is dismissed. The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for a bilateral leg disability is rendered moot as the Board will reconsider the March 1976 rating decision.
The deciding factor: The Veteran's previously denied claim was not a case of direct service connection, but rather a motion to revise a prior denial based on new evidence. The issue has been recharacterized and is now about reopening the claim.
- Claimed conditions
- bilateral leg disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128554
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remands the claims for service connection for various disabilities, including a left knee disability, bilateral hip disability, back disability, bilateral leg disability, hypertension, and gastrointestinal disability, as there has not been substantial compliance with previous remand directives.
- Denied
The Board denied service connection for multiple disabilities, including shoulder, elbow, hand, leg, ankle, paralysis, hypertension, tuberculosis, eye, hernia, and vertigo, as there was no evidence of current disability or a nexus to service.
- Dismissed
The veteran withdrew her appeals for service connection and increased rating, thus the Board dismissed both matters.
- Denied
The Board denied service connection for a bilateral shoulder disability, back disability, bilateral leg disability, bilateral hip disability, and radiculopathy, bilateral lower extremities.
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.