The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a broken screw in the neck due to cervical spinal surgery, service connection for residuals from surgery for implant of neurostimulator installed for chronic pain following cervical spine surgeries, and service connection for right iliac crest bone graft associated with cervical spine surgery has been dismissed.,The Veteran's appeal for service connection for migraine headaches as secondary to service-connected disabilities including sinusitis has been granted. The rating for UTI (cystitis) is partially granted from October 29, 2018.
The deciding factor: The Board lacks jurisdiction over the dismissed issues due to the Veteran not filing a valid appeal form.
- Claimed conditions
- {"condition_name":"Broken screw in the neck due to cervical spinal surgery","condition_code":null,"condition_notes":"Compensation under 38 U.S.C. § 1151 for a broken screw in the neck due to cervical spinal surgery"}, {"condition_name":"Residuals from surgery for implant of neurostimulator installed for chronic pain following cervical spine surgeries","condition_code":null,"condition_notes":"Service connection for residuals from surgery for implant of neurostimulator installed for chronic pain following cervical spine surgeries"}, {"condition_name":"Right iliac crest bone graft associated with cervical spine surgery","condition_code":null,"condition_notes":"Service connection for right iliac crest bone graft associated with cervical spine surgery"}, {"condition_name":"Migraines","condition_code":null,"condition_notes":"Secondary to service-connected disabilities including sinusitis"}, {"condition_name":"Urinary Tract Infections (UTIs)","condition_code":null,"condition_notes":"Compensation under 38 U.S.C. § 1151 for UTI, granted from October 29, 2018"}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 8, 2020
- Citation
- A20015394
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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.