The appeal of whether new and material evidence has been submitted to reopen a claim for radiculopathy of the right upper extremity is dismissed.,The appeals of entitlement to service connection for skin condition, to include as due to Gulf War Syndrome, are dismissed.
The deciding factor: The Veteran withdrew his appeals regarding these issues during the September 2019 Board hearing.
- Claimed conditions
- Radiculopathy of the right upper extremity, Skin condition, to include as due to Gulf War Syndrome, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2020
- Citation
- 20005457
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Denied
The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
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