The Veteran's appeal for an initial rating in excess of 50 percent for major depressive disorder, and the effective date prior to January 13, 2011, for service connection of major depressive disorder, were dismissed. Appeals regarding CUE in January 2012 rating decisions granting service connection for various disabilities were also dismissed.
The deciding factor: The Veteran withdrew his appeals with respect to these issues and the Board found that there was no longer any jurisdiction over these claims due to the withdrawal.
- Claimed conditions
- major depressive disorder, left ear hearing loss, right knee disability, left knee disability, lumbar spine disability, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 11, 2019
- Citation
- 19144985
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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