The Veteran's appeal for a higher rating for intractable sural nerve entrapment syndrome and chronic pain syndrome of the left lower extremity was dismissed.,An effective date of January 12, 2009, but no earlier, was granted for the award of a 40 percent rating for intractable sural nerve entrapment syndrome and chronic pain syndrome of the left lower extremity.,The Veteran's claim for service connection for headaches as secondary to service-connected Sunderland grade IV-V injury to branches of lingual and mandibular branches of the 5th cranial nerve (trigeminal) was denied prior to March 27, 2013.
The deciding factor: The Veteran withdrew his claim for a higher rating for intractable sural nerve entrapment syndrome and chronic pain syndrome of the left lower extremity at the June 2018 Board hearing.,It is factually ascertainable that the disabilities of intractable sural nerve entrapment syndrome and chronic pain syndrome of the left lower extremity met the criteria for a 40 percent rating as of January 12, 2009.,There is no evidence of a formal or informal claim received by VA for service connection for headaches prior to March 27, 2013.
- Claimed conditions
- {"condition_name":"Intractable sural nerve entrapment syndrome and chronic pain syndrome of the left lower extremity"}, {"condition_name":"Headaches secondary to service-connected Sunderland grade IV-V injury to branches of lingual and mandibular branches of the 5th cranial nerve (trigeminal)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 30, 2019
- Citation
- 19133475
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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