The appeal of the compensable rating for bilateral shin splints and earlier effective date for the grant of service connection for bilateral shin splints is dismissed.,The claim to reopen service connection for cervical spine disability is granted, but a higher rating remains denied.,The Veteran's urinary incontinence prior to September 6, 2018, does not warrant a compensable rating. From September 6, 2018, the current 40 percent rating is appropriate.,Restoration of a 40 percent rating for lumbar spine disability from July 31, 2014, to present is granted.,The Veteran's lumbar spine disability does not meet criteria for higher than 40 percent ratings at any point during the appeal period.
The deciding factor: The issues of bilateral shin splints and earlier effective date were withdrawn by the Veteran's representative prior to the Board's decision.,New evidence received since January 2004 rating decision supports reopening the claim for cervical spine disability, but service connection is not established.,Urinary incontinence did not require absorbent materials or an appliance before September 6, 2018. From that date, it required changing absorbent materials two to four times per day, warranting a 40 percent rating.,The lumbar spine disability was reduced from 40 percent to 20 percent in July 31, 2014, due to improvement shown by VA examinations. The reduction is upheld as the evidence does not show sustained material improvement.,Lumbar spine disability did not demonstrate unfavorable ankylosis or IVDS with more than six weeks of incapacitating episodes.
- Claimed conditions
- bilateral shin splints, cervical spine disability, urinary incontinence, lumbar spine disability, dystonia (claimed as involuntary muscle movement), arthritis (claimed in all joints)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 12, 2023
- Citation
- 23038374
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 23038374.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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