The Board dismissed the appeals for disfigurement of the head, face, or neck and spinal stenosis. The claim to reopen the right eye disability was granted.
The deciding factor: The Veteran requested withdrawal of his appeal regarding disfigurement of the head, face, or neck during his hearing. His claim for spinal stenosis was granted in a prior rating decision. The Board found new and material evidence related to partial blindness in one eye.
- Claimed conditions
- disfigurement of the head, face, or neck, spinal stenosis, partial blindness in one eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 19, 2019
- Citation
- 19148178
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Partly granted
The Board granted readjudication of the claim for service connection for a right hip disability, to include as secondary to a service-connected right knee disability, and denied an effective date prior to June 8, 2022, for the award of service connection for spinal stenosis, right lower extremity sciatic radiculopathy, and left lower extremity sciatic radiculopathy.
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