The appeals of the denial of service connection for various conditions are dismissed due to the AMA effective date. The Veteran's initial ratings for hemorrhoids and asthma are granted.
The deciding factor: The January 2019 rating decision was issued prior to the effective date of the Appeals Modernization Act (AMA), so the issues cannot be reviewed under the modernized review system.
- Claimed conditions
- Hearing loss, Traumatic brain injury (TBI), Cervical spine disability, Thoracolumbar spine disability, Right knee disability, Left foot disability, Right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2024
- Citation
- A24028823
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 A24028823.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
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