All claims of increased rating and effective date have been dismissed as the Veteran withdrew his appeal in May 2022.
The deciding factor: The Veteran's representative submitted a withdrawal of all appeals before the Board, which was accepted by the Board.
- Claimed conditions
- tension headaches, major depressive disorder not otherwise specified, limitation of extension of the right knee, right shoulder degenerative arthritis status-post surgical repair for impingement syndrome, reflux esophagitis with Crohn's granulomatous colitis, right knee degenerative joint disease status-post surgical repairs, status-post compression fracture of the thoracic spine and chronic thoracolumbar spine strain, residual right shoulder scar status-post surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2022
- Citation
- 22035873
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 22035873.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Board has granted the Veteran's claim for service connection for headaches as secondary to his service-connected sleep apnea, tinnitus, cervical spine disability, and GERD. The decision is based on a finding of relative equipoise between the conflicting opinions regarding causation.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.