The Veteran's service connection claim for bladder disability, respiratory disorder, cervical spine disability with bilateral hand numbness, and acquired psychiatric disorder (PTSD) is dismissed. The claims for a cervical spine disability and related bilateral hand numbness, and an acquired psychiatric disorder (PTSD) are remanded. The issue of whether new and material evidence has been presented to reopen the claim that the characterization of service for the time period from June 5, 1989 to May 7, 1993 is a bar to VA benefits is also remanded.
The deciding factor: The Veteran withdrew his service connection claim for bladder disability at the December 2018 Board hearing. The claims for respiratory disorder, cervical spine disability with bilateral hand numbness, and acquired psychiatric disorder (PTSD) are remanded due to new evidence or issues requiring further examination. The issue of whether new and material evidence has been presented to reopen the claim that the characterization of service for the time period from June 5, 1989 to May 7, 1993 is a bar to VA benefits is also remanded.
- Claimed conditions
- Bladder disability, Respiratory disorder, Cervical spine disability, Acquired psychiatric disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2019
- Citation
- 19151737
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19151737.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
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