The Veteran's claims of entitlement to evaluations in excess of 10 percent for right and left iliotibial band syndrome, hearing loss, TMJ disability, and service connection for a left foot, right foot, left ankle, left hand, low back, and left shoulder disabilities have all been dismissed.,A compensable evaluation for headaches has been granted from October 10, 2019.
The deciding factor: The Veteran withdrew his claims of entitlement to evaluations in excess of 10 percent for right and left iliotibial band syndrome, hearing loss, and TMJ disability during a hearing before the undersigned. The Board found that there were no characteristic prostrating attacks of headache pain prior to October 10, 2019, but did find such attacks occurring on an average once a month since then.,The Veteran's headaches have been rated as 30 percent disabling effective from October 10, 2019. The Board found that the Veteran experienced characteristic prostrating attacks of headache pain at least once per month.
- Claimed conditions
- Right iliotibial band syndrome, Left iliotibial band syndrome, Hearing loss, TMJ disability, Abdomen scars, Left foot disability, Right foot disability, Left ankle disability, Left hand disability, Low back disability, Left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20004083
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Granted
The Board granted a 10 percent disability rating for osteoarthritis of the right hand and service connection for a left shoulder disability.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.