The Board dismissed the appeal for service connection for bilateral eye and shoulder disabilities as they were withdrawn by the Veteran. The issues of lumbar back, bilateral knee, acquired psychiatric disorder, and initial compensable rating for pes cavus are remanded for further development.
The deciding factor: The issues related to the withdrawal of the appeal for bilateral eye and shoulder disabilities were explicitly and unambiguously withdrawn by the Veteran during a Board hearing. The remaining issues will be remanded for additional evidence and examination.
- Claimed conditions
- Bilateral eye disability, Bilateral shoulder condition, Lumbar back disability, Bilateral knee disability, Acquired psychiatric disorder, Bilateral pes cavus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2023
- Citation
- 23000764
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
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