The Veteran's earlier effective date claims for initial grants of service connection for her cervical spine, lumbar spine, right arm paresthesias, right ankle, chronic pigmented papules skin, and right hip disabilities are dismissed.,Her right ankle disability was granted an increased rating but no higher than 10 percent from March 3, 2017.
The deciding factor: The Veteran did not properly appeal the previous denial of her earlier effective date claim for her somatic symptom disorder with predominant pain and generalized anxiety following a December 2013 statement of the case and has not submitted any arguments of clear and unmistakable error to reopen the previous denial.,The earliest effective date for the grant of an increased rating for her right ankle, chronic pigmented skin disability, and somatic symptom disorder, and right hip disability is March 3, 2017, the date her supplemental claim for an increased rating was received.
- Claimed conditions
- cervical spine, lumbar spine, right arm paresthesias, right ankle, chronic pigmented papules skin, right hip
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080508
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
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