The Veteran's appeal for service connection for cardiac diastolic dysfunction with mild left ventricular hypertrophy (claimed as ischemic heart disease), including as a result of exposure to herbicide agents, has been dismissed.,The Veteran's appeals for increased ratings for tinnitus and shell fragment wound of the right shoulder have been dismissed.,The Veteran's appeal for an initial rating in excess of 10 percent for shell fragment wound of the right upper thigh (extension) has been dismissed.,The Veteran's appeal for a compensable rating for impairment in abduction, adduction, and rotation of the right thigh has been dismissed.,The Veteran's appeals for increased ratings for status post right (dominant) forearm shell fragment wound with cutaneous neuropraxia from shrapnel wound right dorsum hand and distal radial forearm, bilateral deafness, scars on the right arm, and painful scars have been dismissed.,The Veteran's appeal for a rating in excess of 30 percent for PTSD has been dismissed.,The Veteran's appeals for special monthly compensation based on aid and attendance have been dismissed.
The deciding factor: The Veteran withdrew his appeals for the aforementioned issues prior to the promulgation of a Board decision.
- Claimed conditions
- cardiac diastolic dysfunction with mild left ventricular hypertrophy (claimed as ischemic heart disease), shell fragment wound of the right shoulder, shell fragment wound of the right upper thigh (extension), shell fragment wound of the right upper thigh (flexion), shell fragment wound of the right upper thigh (abduction, adduction, and rotation), right corneal shell fragment wound with foreign body residual and pseudoaphakia with sympathetic left eye, scar, pepper spots on right side of neck, scar, pepper spots of the right arm (dominant)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176022
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Remanded (sent back)
The Board remands the matters of an initial compensable rating for hemorrhoid and service connection for a scar, to include as secondary to the Veteran's service-connected hemorrhoid disability due to inadequate VA examination and missing medical records.
- Partly granted
The Veteran's claims for service connection for a gastrointestinal disorder and heart condition were dismissed because they were granted benefits. A 10 percent rating was granted for the scar.
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