The Veteran's appeal for an initial compensable rating for scar, status post spinal fusion, was dismissed. The claim of residuals of head trauma (claimed as dental trauma) has been reopened and is currently under consideration. Service connection for diabetes mellitus, type 2, gastroesophageal reflux disease (GERD), gastroenteritis, obstructive sleep apnea (OSA), respiratory disorder (recurrent aspiration pneumonia), cardiac disorder (atherosclerosis), acquired psychiatric disorder, residuals of head trauma, facial scars, bilateral eye disorder, cervical spine disorder, right shoulder disorder, bilateral elbow disorder (tendinitis), bilateral plantar fasciitis, and bilateral pes planus have been remanded for further review.
The deciding factor: The Veteran withdrew his appeal for an initial compensable rating for scar, status post spinal fusion. The claim of residuals of head trauma has been reopened due to new evidence that raises a reasonable possibility of substantiating the claim. Service connection for diabetes mellitus, type 2, and other conditions have been remanded as they require further review.
- Claimed conditions
- scar, status post spinal fusion, residuals of head trauma (claimed as dental trauma), diabetes mellitus, type 2, degenerative disc disease and intervertebral disc syndrome, status post spinal fusion, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, gastroesophageal reflux disease (GERD), gastroenteritis, obstructive sleep apnea (OSA), respiratory disorder (claimed as recurrent aspiration pneumonia), cardiac disorder (to include atherosclerosis), acquired psychiatric disorder, facial scars, bilateral eye disorder, cervical spine disorder, right shoulder disorder, bilateral elbow disorder (claimed as tendinitis), bilateral plantar fasciitis, bilateral pes planus, skin disorder (to include pseudofolliculitis barbae)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2023
- Citation
- 23025676
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 23025676.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
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