The Veteran's appeals for increased ratings and effective dates have been dismissed as no adequate substantive appeal has been submitted.,The Veteran's previously denied claims of service connection for obstructive sleep apnea, bilateral pes planus (plantar fasciitis), tendonitis of the right ankle, tendonitis of the left ankle, and a left great toe condition have been reopened due to receipt of new and material evidence.
The deciding factor: The Veteran did not file an adequate substantive appeal for several of his claims.
- Claimed conditions
- degenerative arthritis with patellofemoral syndrome of the left knee, intervertebral disc syndrome of the lumbar spine, degenerative arthritis of the right knee, radiculopathy of the right lower extremity, raticulopathy of the left lower extremity, instability of the left knee, limitation of motion of the left index finger
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186054
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Granted
The Board granted a 40 percent evaluation for the Veteran's lumbosacral strain with spinal stenosis, spondylolisthesis, and intervertebral disc syndrome, as well as radiculopathy of the left and right lower extremities.
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