The Veteran withdrew his appeals for service connection for osteoarthritis, lower limbs and degenerative disc disease, cervical spine condition with radiculopathy. The remaining claims for asbestosis, pulmonary arterial hypertension, pulmonary fibrosis, and TDIU are remanded for further development.
The deciding factor: The decision was based on the Veteran's withdrawal of his appeals during a hearing, and the need for additional evidence regarding the etiology of potential respiratory conditions related to service exposure to asbestos.
- Claimed conditions
- osteoarthritis, lower limbs, degenerative disc disease, cervical spine condition with radiculopathy, asbestosis as a result of asbestos exposure, pulmonary arterial hypertension, pulmonary fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064085
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
- Granted
The Board granted service connection for pulmonary fibrosis, finding it to be related to the Veteran's exposure to herbicide agents during his service in Vietnam.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
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