The Veteran's appeals for vision problems, exposure to mustard gas, exposure to asbestos, and sleeping problems have been withdrawn and are dismissed. The left foot disability has been granted a 10 percent rating prior to April 2, 2019, and a 20 percent rating from that date.
The deciding factor: The Veteran withdrew his appeals for vision problems, exposure to mustard gas, exposure to asbestos, and sleeping problems during the August 2019 Board hearing. The left foot disability was granted increased ratings based on its progression over time.
- Claimed conditions
- vision problems, exposure to mustard gas, exposure to asbestos, sleeping problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- 19184917
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service connection for head trauma, vision problems, myopia, right hand disability, left knee disability, and left ankle disability was dismissed due to an untimely Notice of Disagreement (NOD).
- Partly granted
The Board granted service connection for hypertension and tinnitus, but denied service connection for a left wrist condition, chronic fatigue syndrome, dry mouth, and a skin condition. Several claims were remanded for further development.
- Dismissed
The veteran's appeals for extensions of time to file Board Appeal requests were denied, and the attempted appeals were dismissed.
- Remanded (sent back)
The Board remands the claim for service connection for type II diabetes mellitus, peripheral neuropathy, and vision problems to the AOJ for adjudication of the request to substitute for accrued benefits purposes.
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