The appeal was dismissed for compensation under 38 U.S.C. § 1151 for a left arm disability, and the claims for compensation for a right leg disability, TDIU prior to October 14, 2014, SMC at the housebound rate prior to October 14, 2014, and eligibility for financial assistance were denied.
The deciding factor: The Veteran's left arm disability was already service-connected, and there is no evidence of a right leg disability resulting from VA treatment. The Veteran was gainfully employed before his surgery on October 14, 2014, and does not meet the criteria for SMC or adaptive equipment.
- Claimed conditions
- left upper extremity radiculopathy, left ankle degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000219
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Granted
The Board granted an initial rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
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