The Board dismissed the Veteran's claims for earlier effective dates as they were not legally entitled to such, given that his original service connection claims had been finally adjudicated and required new and material evidence.
The deciding factor: The Board found that the Veteran's original claims for service connection were finally adjudicated in prior rating decisions and thus could not be reopened without new and material evidence, which would affect the effective date assigned.
- Claimed conditions
- degenerative changes lumbar spine, dysthymic disorder, lymphedema, right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- A20015732
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's service-connected dysthymic disorder, anxiety disorder, borderline intellectual functioning, and dyslexia have prevented him from securing or following a substantially gainful occupation.
- Partly granted
The Board granted an increased rating of 70 percent for dysthymic disorder and a total rating based on individual unemployability due to service-connected disability, effective July 31, 2008.
- Partly granted
The Board granted service connection for osteoradionecrosis, bilateral eye disability (including cataracts and glaucoma), and bilateral hearing loss. It also granted a 10% rating for hypertension, a 50% rating for chronic sinusitis with rhinitis, and a 100% rating for lymphedema. The Board denied compensable ratings for the residuals of squamous cell carcinoma of the left tonsil and neck.
- Dismissed
The appeal for service connection for lymphedema was withdrawn by the Veteran, and the Board has no jurisdiction to review it.
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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.