The appeal for a disability rating in excess of 10 percent for eye movement spasms and photophobia due to TBI (also claimed as sensitivity to light, nystagmus, and convergence palsy) is dismissed.,The appeal for a disability rating in excess of 10 percent for cervical spine degenerative disc disease with cervical strain (previously rated as cervical strain) is dismissed.,The appeal for service connection for right bicep muscle strain is dismissed.,The appeal for service connection for right elbow disability with weakness in the right hand is dismissed.,The appeals for service connection for right knee and left knee disabilities are remanded.,The appeal for loss of feeling of the right hand is also remanded.
The deciding factor: The Veteran withdrew his appeals for these issues prior to a decision being made by the Board.,The Veteran withdrew his appeals for these issues prior to a decision being made by the Board.,The Veteran withdrew his appeal for service connection for right bicep muscle strain prior to a decision being made by the Board.,The Veteran withdrew his appeal for service connection for right elbow disability with weakness in the right hand prior to a decision being made by the Board.,The appeals were remanded due to the need for additional examinations and opinions regarding the severity of these disabilities.,The appeals were remanded due to the need for additional examinations and opinions regarding the severity of these disabilities.
- Claimed conditions
- eye movement spasms, photophobia, cervical spine degenerative disc disease with cervical strain, right bicep muscle strain, right elbow disability with weakness in right hand, right knee disability, left knee disability, loss of feeling of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2021
- Citation
- 21013489
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21013489.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
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