The Veteran's claims for a compensable rating for status post hairline fracture of the left medial patella and a rating in excess of 10 percent for tinnitus have been dismissed.,The Veteran's applications to reopen his claims for service connection for right knee, right hip, left hip, and acquired psychiatric disabilities are granted. The claims for nerve condition, left wrist disability, right wrist disability, arthritis, lumbar spine disability, and cervical spine disability remain pending.
The deciding factor: The Veteran did not provide sufficient new and material evidence to reopen his previously denied claims of service connection for the right knee, right hip, and left hip disabilities. The Board found that the submitted evidence was cumulative or redundant.,New and material evidence has been received to support the reopening of the Veteran's applications for service connection for right knee, right hip, and left hip disabilities.
- Claimed conditions
- status post hairline fracture of the outer surface of the left medial patella, right knee disability, right hip disability, left hip disability, acquired psychiatric disability (anxiety disorder and depression), nerve condition, left wrist disability, right wrist disability, arthritis, lumbar spine disability, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2019
- Citation
- 19147033
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- 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.
- 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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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