The veteran withdrew his appeals for various conditions, and the Board has no jurisdiction to adjudicate them.
The deciding factor: The Veteran opted-in to the modernized review system under the Appeals Modernization Act (AMA) by filing two separate VA Form 20-0996 Requests for Higher Level Review in response to SSOCs, thus withdrawing his Legacy appeals.
- Claimed conditions
- Lumbar spine disorder, Hypertension, Diabetes mellitus, type II (DMII), Cervical spine disorder, Sleep apnea, Peripheral neuropathy of the bilateral upper and lower extremities, Radiculopathy of the bilateral upper and lower extremities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000980
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.