The Veteran's appeals for service connection for diabetes mellitus, Type II and vertigo have been dismissed.,The appeal seeking an earlier effective date for radiculopathy of the left upper extremity has also been dismissed.,The appeal seeking an earlier effective date for the ascending aortic aneurysm was not granted as there is no evidence showing it occurred prior to May 18, 2015.,The appeals for increased ratings for lumbar spine disability, cervical spine disability, and pes planus have also been dismissed due to lack of evidence showing they occurred within one year before the date of claim.
The deciding factor: The Veteran withdrew his appeals for diabetes mellitus, Type II and vertigo at a hearing.,The appeal seeking an earlier effective date for radiculopathy of the left upper extremity was withdrawn by the appellant and his representative.,There is no evidence showing that the ascending aortic aneurysm occurred prior to May 18, 2015.,The medical records do not show any increase in disability for lumbar spine, cervical spine, or pes planus within one year before the date of claim.
- Claimed conditions
- diabetes mellitus, Type II, vertigo, ascending aortic aneurysm, lumbar spine disability (due to Ehlers-Danlos syndrome), cervical spine disability (due to Ehlers-Danlos syndrome), pes planus (due to Ehlers-Danlos syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 6, 2022
- Citation
- 22038401
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 22038401.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Remanded (sent back)
The Veteran's bilateral hearing loss and tinnitus are found to be related to military noise exposure during service.,The Veteran's obstructive sleep apnea, gastrointestinal (GI) disability, and vertigo are remanded for further examination and opinion.
- Granted
The Board has granted the Veteran's claim for service connection for vertigo, finding that it is related to a head injury sustained during active duty. The decision resolves all reasonable doubt in favor of the Veteran.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
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