The Board dismissed the appeal for service connection for a right upper extremity condition and remanded issues related to increased ratings for various right-hand conditions.
The deciding factor: The Veteran did not file an NOD as to the assigned effective date or rating, leading to a lack of jurisdiction over the issue.
- Claimed conditions
- right upper extremity condition (claimed as right elbow/wrist condition), right upper extremity neuropathy with cubital tunnel syndrome, right shoulder condition, right knee condition, right thumb impairment, right index finger impairment, right long finger impairment, right ring finger impairment, right little finger impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004772
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Partly granted
The Board granted service connection for right and left knee conditions, denied a rating in excess of 40 percent for right lower extremity sciatic radiculopathy, and denied special monthly compensation based on loss of use of a lower extremity.
- Remanded (sent back)
The Board remands the claims for service connection for left and right knee conditions as new evidence has been received that is relevant to these claims.
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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.