The Board dismissed the Veteran's appeal for service connection of a left spontaneous pneumothorax as his claim was already granted in a prior rating decision. The issues of service connection for an acquired psychiatric disorder and ankylosing spondylitis are remanded.
The deciding factor: Prior to promulgation, a June 1972 rating decision had already granted service connection for residuals of the left spontaneous pneumothorax, thus rendering the Veteran's current claim moot.
- Claimed conditions
- Left Spontaneous Pneumothorax, Acquired Psychiatric Disorder (to include depression and anxiety with memory loss, night terrors, and vivid dreams), Ankylosing Spondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2023
- Citation
- A23034212
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 A23034212.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 a rating in excess of 10 percent for ankylosing spondylitis and entitlement to a total disability rating based on individual unemployment (TDIU) due to service-connected disabilities, as there was no evidence that his service-connected conditions prevented him from securing or following substantially gainful employment.
- Denied
The Board denied service connection for Chronic Fatigue Syndrome as there is no current diagnosis of CFS at any time during or contemporaneous to the pendency of the Veteran's appeal. The medical evidence does not support his claim of service connection for CFS.
- Granted
The Board has granted reopening of the claim for service connection for a low back disability, but denied the claim itself due to lack of evidence linking the current condition to service.
- Remanded (sent back)
The Veteran's claim for an increased evaluation of his service-connected ankylosing spondylitis with HLA-B27 is denied. The Board has remanded the claims regarding hearing loss, tinnitus, and effective dates as well as SMC determination.
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