The Board has dismissed the appeals for service connection for a lumbar spine condition and an initial compensable rating for a left finger hairline fracture. The appeal for service connection for a psychiatric condition, including anxiety disorder, mood disorder, bipolar manic depression, posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and substance abuse, as well as the secondary service connection claim for a cervical spine condition due to a psychiatric condition, are remanded.
The deciding factor: The Veteran withdrew his appeals for the lumbar spine condition and initial compensable rating for a left finger hairline fracture prior to the Board's decision. The appeal for service connection for a psychiatric condition is being remanded as there are outstanding treatment records that need to be obtained and evaluated, including those from 1995 to 2000.
- Claimed conditions
- lumbar spine condition, left finger hairline fracture, psychiatric condition, cervical spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186699
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Denied
The Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, cervical and thoracic spine disability, left upper extremity radiculopathy, lumbar spine condition, erectile dysfunction, and special monthly compensation based on loss of use to allow the AOJ to correct duty-to-assist errors.
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