The Veteran's appeal for a total disability rating for service-connected major depressive disorder from December 17, 2018 is dismissed as moot.,The Veteran's claim for a higher disability rating for epididymitis of the left testicle remains denied. The evidence does not support a finding that his condition meets or more closely approximates the criteria for a 30 percent disability rating.,The Veteran's appeal for a higher disability rating for right hip degenerative changes with trochanter bursitis is remanded, as there is insufficient evidence to determine if he meets the criteria for a 20 percent disability rating based on limitation of abduction.,The Veteran's claim for chronic lumbar strain remains denied. The evidence does not support a finding that his condition meets or more closely approximates the criteria for a higher disability rating.,The Veteran's appeal for service connection for gout is denied. The evidence does not support a finding that his condition began during active service or is otherwise related to an in-service injury or disease.,The Veteran's appeal for service connection for kidney stones is denied. The evidence does not support a finding that his condition began during active service or is otherwise related to an in-service injury or disease.
The deciding factor: The Board found the issue moot due to the grant of a total disability rating for major depressive disorder from December 17, 2018.,There was no evidence showing recurrent symptomatic infections requiring drainage by stent or nephrostomy tube; or requiring greater than 2 hospitalizations per year; or requiring continuous intensive management.,The Veteran's right hip condition did not meet the criteria for a 20 percent disability rating based on limitation of abduction, as motion lost beyond 10 degrees was not demonstrated.,There is no evidence showing flexion limited to 45 degrees or less, which would warrant a higher disability rating under DC 5252.,The Veteran's gout and kidney stones were denied due to lack of evidence linking the conditions to service.,The Veteran's chronic lumbar strain was denied as there is no evidence showing flexion limited to 45 degrees or less, which would warrant a higher disability rating under DC 5252.
- Claimed conditions
- Major depressive disorder, Epididymitis of the left testicle, Right hip degenerative changes with trochanter bursitis, Chronic lumbar strain, Gout, Kidney stones
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2022
- Citation
- A22022948
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 A22022948.
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 Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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