The appeal was dismissed for several conditions, but new and material evidence was found to reopen claims for back disability, migraine disability, left shoulder disability, cervical spine/neck disability, and nerve disability.
The deciding factor: New and material evidence was received that could reasonably substantiate the reopened claims based on a low threshold standard as outlined in Shade v. Shinseki, 24 Vet. App. 110 (2010).
- Claimed conditions
- Back disability, Migraine disability, Left shoulder disability, Cervical spine/neck disability, Nerve disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004298
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Granted
The Board granted a 10 percent disability rating for osteoarthritis of the right hand and service connection for a left shoulder disability.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.