The Board has dismissed the Veteran's appeals for increased ratings on all issues except for his claim of entitlement to service connection for an acquired psychiatric disorder and whether new and material evidence has been presented to reopen a claim of entitlement to service connection for PTSD. The claims are being remanded for further action.
The deciding factor: The Veteran withdrew his appeals for the remaining issues during the December 2018 Board hearing, leaving only the claims related to tension headaches and an acquired psychiatric disorder as active issues.
- Claimed conditions
- left lower extremity radiculopathy, left acromioclavicular joint sprain, right wrist De Quervain's syndrome status post fracture, left hand post avulsion fracture at the 4th metacarpophalangeal joint, right knee patellar tendonitis and osteoarthritis, bilateral pes planus, gastroesophageal reflux disease (GERD), posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144688
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
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