The Board dismissed the claim of nonservice-connected pension benefits. The issues of rating higher than 40 percent for transverse ascending myelitis with lumbosacral spondylosis and degenerative disc disease (DDD) in the thoracolumbar spine, entitlement to special monthly compensation (SMC) based on loss of use of both feet, and eligibility for specially adapted housing (SAH) or special home adaptation (SHA) are remanded.
The deciding factor: The Veteran withdrew her appeal regarding nonservice-connected pension benefits at the September 2018 Board hearing.
- Claimed conditions
- Transverse ascending myelitis with lumbosacral spondylosis and degenerative disc disease (DDD) in the thoracolumbar spine, Epstein-Barr virus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144910
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Veteran's claims for service connection for Epstein-Barr virus, chronic fatigue syndrome, and a post-hernia surgical scar were denied. The Board found that the evidence did not support a nexus between these conditions and active service.
- Remanded (sent back)
The veteran's claims for service connection and special monthly pension based on the need for aid and attendance or at the housebound rate are being remanded due to insufficient evidence. A VA examination is needed to determine if his current disabilities, including Epstein-Barr virus and multiple sclerosis, are related to his military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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