The Veteran's hypertension rating is dismissed. The lower back disability rating is restored to 40 percent, effective June 17, 2016. Other ratings are denied.
The deciding factor: The evidence did not show an improvement in the Veteran’s low back disability under ordinary conditions of life and post-reduction examination showed static functional effects.
- Claimed conditions
- Hypertension, Lower back disability (lumbar spine), Right knee disability, Fibromyalgia, Umbilical hernia, Gastroesophageal reflux disease (GERD), Headaches, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 30, 2019
- Citation
- 19133552
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
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