The Veteran's claims for service connection for right big toe pain and bilateral hip pain are dismissed. The Board has remanded the issues of increased ratings for cervical spine degenerative disc disease, Lyme disease residuals with right elbow arthralgia, limitation of flexion prior to November 4, 2021, Lyme disease residuals with left elbow arthralgia, pronation/supination, and left knee degenerative joint disease with residual Lyme disease arthralgia (limitation of flexion).
The deciding factor: The Board dismissed the Veteran's claims for service connection for right big toe pain and bilateral hip pain as they were not in appellate status.
- Claimed conditions
- right big toe pain, bilateral hip pain, cervical spine degenerative disc disease, Lyme disease residuals with right elbow arthralgia, limitation of flexion, Lyme disease residuals with left elbow arthralgia, limitation of flexion, Lyme disease residuals with left elbow arthralgia, pronation/supination, right knee degenerative joint disease with residual Lyme disease arthralgia (limitation of flexion), left knee degenerative joint disease with residual Lyme disease arthralgia (limitation of flexion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2023
- Citation
- 23059538
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 23059538.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinions regarding the etiology of the Veteran's cervical spine disorder. The AOJ is required to obtain new opinions addressing whether the Veteran's cervical spine disorder resulted from in-service injury or service-connected disability, and whether it was caused by or a result of his service-connected knee and/or thoracolumbar spine disabilities.
- Granted
The Veteran's service-connected disabilities, including migraine headaches, chronic vertigo, thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, left and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined effects of these disabilities.
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