The Veteran's appeals for service connection on multiple conditions have been dismissed. The appeal regarding the cervical spine disability is still pending as new and material evidence has not been received. Appeals for OSA, right hip, and right shoulder disabilities are remanded due to lack of medical opinion linking these conditions to service or service-connected disabilities. The Veteran's request for a higher rating on his right knee disability and SMC based on aid and attendance is also remanded.
The deciding factor: The appeals have been dismissed as the Veteran withdrew his appeal regarding hypertension and respiratory disability, and new and material evidence has not been received to reopen the cervical spine disability claim.
- Claimed conditions
- Hypertension, Respiratory disability, Cervical spine disability, Obstructive sleep apnea (OSA), Right hip disability, Right shoulder disability, Right knee disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070617
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- 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.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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