The Veteran's appeals seeking increased ratings and service connection for various conditions have been dismissed. The appeal seeking a rating in excess of 40 percent for residuals of fracture of vertebrae, and a rating in excess of 10 percent for radiculopathy of the left lower extremity are remanded.
The deciding factor: The Veteran withdrew her appeals at a hearing before the Board of Veterans' Appeals (BVA).
- Claimed conditions
- bronchial asthma, maxillary sinusitis, residuals of a right knee injury, chronic left knee disability, congestive heart failure, residuals of colon surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2019
- Citation
- 19176112
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding no evidence that the Veteran was exposed to herbicides during his service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.