The appeal for increased evaluations was withdrawn by the Veteran, and the effective dates for service connection were denied as they did not meet the criteria for an earlier date.
The deciding factor: The issues were dismissed due to withdrawal of the appeal, and the effective dates were denied based on the lack of a formal or informal claim prior to October 2, 2012.
- Claimed conditions
- Multiple sclerosis with left upper extremity weakness, Unspecified depressive disorder with anxious distress and neurocognitive disorder, Left lower extremity weakness, Chronic constipation, Episodic visual impairment
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004956
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's claims for earlier effective dates and an increased rating for urinary incontinence, dysarthria, dysphagia, and chronic constipation as residuals of right pontine stroke.
- Remanded (sent back)
The Board remands the claims for service connection and initial ratings due to a duty to assist error in failing to obtain outstanding VA and private treatment records.
- Partly granted
The Board granted increased ratings for bilateral lower extremity radiculopathy and service connection for chronic constipation and erectile dysfunction, but denied an evaluation in excess of 40 percent for a back disability.
- Remanded (sent back)
The Board remands the Veteran's claim for special monthly compensation based on aid and attendance/housebound due to insufficient medical evidence regarding her need for regular aid and assistance.
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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.