The Board dismissed the veteran's claims for earlier effective dates and increased ratings, as they were deemed impermissible freestanding claims.
The deciding factor: The claims were dismissed due to a lack of valid 'freestanding' earlier effective date claims, and there was no evidence of clear and unmistakable error in the prior decisions.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine, Cervical degenerative disc disease and facet and uncinate arthrosis involving C5-C5 and C6-C7, Chronic post-traumatic headache
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2022
- Citation
- 22000253
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Board remands the claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
- Remanded (sent back)
The Board remands the claims for a lumbar spine disability, bilateral knee disabilities, and bilateral hip disabilities to obtain an adequate medical opinion.
- Remanded (sent back)
The claim for compensation under 38 U.S.C. §1151 for diabetes mellitus, Type 2 with bilateral lower extremity neuropathy secondary to medications taken for high cholesterol was denied due to the lack of new and relevant evidence.
- Denied
The Board denied increased ratings for degenerative disc disease of the lumbosacral spine, plantar fasciitis with degenerative joint disease in both feet, and hypertension.
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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.