The Veteran's appeals for service connection for a lung condition, skin cancer, and heart condition have been dismissed. The Board has also remanded the issue of entitlement to an initial rating in excess of 20 percent for right and left lower extremity radiculopathy prior to April 5, 2017, and in excess of 40 percent thereafter.
The deciding factor: The Veteran withdrew his appeals for service connection for a lung condition, skin cancer, and heart condition during the May 2019 Board hearing.
- Claimed conditions
- lung condition, skin cancer, heart condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003500
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for GERD, a heart condition, hypertension, a kidney condition, and obstructive sleep apnea as there is no evidence of current disabilities related to these conditions or that they are etiologically linked to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for a new medical opinion to address whether the Appellant's heart condition had onset during his period of ACDUTRA service.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Remanded (sent back)
The Board remands the matter to obtain a medical opinion on the nature and etiology of the Veteran's heart condition, considering potential service connection under the PACT Act.
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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.