The appeal for service connection for a back disability has been dismissed as the claim was fully granted in an October 2022 rating decision. The appeals for service connection for lesion of the scalp, left shoulder disability, right shoulder disability, right elbow disability, and right foot disability are remanded due to duty-to-assist errors.
The deciding factor: The appeal for service connection for a back disability was fully granted in an October 2022 rating decision, thus no case in controversy remains for appellate consideration.
- Claimed conditions
- Back disability, Lesion of the scalp, Left shoulder disability, Right shoulder disability, Left elbow disability, Right elbow disability, Neck disability, Right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2023
- Citation
- A23028078
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 A23028078.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 denied the Veteran's claims for service connection for a right elbow disability and a nasal disability, finding that there was no evidence of in-service injury or disease resulting in these conditions.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
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